HomeMy WebLinkAbout2021-09-21; City Council; Resolution 2021-216Sept 21, 2021 Item #10 Page 10 of 20
EXHIBIT 1
RESOLUTION NO. 2021-216
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, IDENTIFYING THE CITY'S REAL ESTATE MANAGER AS THE CITY'S
NEGOTIATOR RESPONSIBLE FOR WORKING WITH THE REPRESENTATIVE FOR
RANCHO MILAGRO, LLC, TOWARDS THE PURCHASE OF REAL PROPERTY
COMMONLY KNOWN AS THE RANCHO MILAGRO PROPERTY (APN 209-060-
61} AND DIRECTING STAFF TO SCHEDULE A FUTURE CITY COUNCIL CLOSED
SESSION ITEM TO PROVIDE DIRECTION AND GRANT AUTHORITY TO ITS
NEGOTIATOR REGARDING THE PRICE AND TERMS OF PAYMENT FOR THE
PURCHASE
WHEREAS, In 1982, the voters of the City of Carlsbad passed Proposition H, which states in
part that "The city shall make no real property acquisition and/or no improvement to real property
the cost of which exceeds one million dollars in city funds, unless the proposed acquisition and/or
improvement project and the cost in city funds is first placed upon the ballot and approved by a
majority of the voters voting thereon at an election"; and
WHEREAS, In 2002, the voters of the City of Carlsbad passed Proposition C, which authorized
the City Council's ability to spend city funds in an amount over $1 million for open space acquisition;
and
WHEREAS, the Proposition C Open Space and Trails Ad Hoc Citizen's Committee, also known as
the Open Space Committee, was created by the City Council on Oct. 18, 2005, with the purpose of
establishing priorities for open space property acquisition and trail linkage projects and making
. recommendations to the City Council on potential candidate acquisitions and projects for future
expenditures; and
WHEREAS, in March of 2007, the City Council accepted the Open Space Committee's final report
and the candidate property rankings list, and in September of 2007, the City Council directed that the
Open Space Committee's property rankings list be expanded to include three additional properties,
one of which was the Sunny Creek area properties; and
WHEREAS, the Rancho Milagro property (Property) was included as a part of the 11 added
Sunny Creek area properties that were specifically identified as potential candidate properties for
future open space acquisition. The Sunny Creek area properties as a whole were evaluated utilizing the
property acquisition ranking criteria developed by the Open Space Committee and approved by the
City Council in October of 2006, and were ranked fourth (one being top ranked) out of 16 properties
with a point total of 172; and
Sept 21, 2021 Item #10 Page 11 of 20
WHEREAS, in 2008, the City Council also directed that the City Council would only consider
purchasing open space properties offered by willing sellers; and
WHEREAS, on March 14, 2017, the City Council approved (City Council Reso. No. 2017-228) the
General Plan Update -Climate Action Plan Lawsuit Settlement Agreement (Agreement) between the
City of Carlsbad and North County Advocates (NCA). One of the provisions of that 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; and
WHEREAS, in June of 2021, the owner's representative for Rancho Milagro, LLC, Mr. Al Apuzzo
with Lee & Associates, offered the Property to the City of Carlsbad; and
WHEREAS, staff has considered and evaluated the 43.58 acre Property in the northeast
quadrant, commonly known as the Rancho Milagro property (APN 209-060-61), located in the Sunny
Creek Specific Plan Area, northeast of the intersection of El Camino Real and College Boulevard, for
potential acquisition by the city for open space purposes; 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 properties which the
negotiations may concern, and the person or persons with whom its n·egotiators may negotiate; and
WHEREAS, staff is recommending that the City Council identify the city's Real Estate Manager
as the city's negotiator responsible for working with the representative for Rancho Milagro, LLC,
towards the purchase of real property commonly known as the Rancho Milagro property and direct
staff to schedule a future City Council closed session item to provide direction and grant authority to
its negotiator regarding the price and terms of payment for the purchase; and
WHEREAS, the City Planner has considered the potential environmental effects of this project
and has been determined it to be exempt from environmental review per CEQA Guidelines Section
15325 -Transfer of of ownership of interest in land to preserve existing natural conditions and
historical resources, and that no exception to the exemption as set forth in CEQA Guidelines section
15300.2 applies.
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.
Sept 21, 2021 Item #10 Page 12 of 20
2. That the City Council hereby identifies the city's Real Estate Manager as the city's
negotiator responsible for working with the representative for Rancho Milagro, LLC, Mr. Al
Apuzzo with Lee & Associates, towards the purchase of real property commonly known as
the Rancho Milagro property (APN 209-060-61).
3. That the City Council hereby directs staff to schedule a future City Council closed session
item to provide direction and grant authority to its negotiator regarding the price and
terms of payment for the purchase of the Property.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 21st day of September 2021, by the following vote, to wit:
AYES: Hall, Blackburn, Bhat-Patel, Acosta, Norby
NAYS: None.
ABSENT: None.
MATT HALL, Mayor
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