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HomeMy WebLinkAboutItem 7.1 Sale of Surplus Property Barratt San Jose 62�0 -Lfo AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 23, 1984 SUBJECT: Sale of Surplus Property to Barratt San Jose EXHIBITS ATTACHED: 1) December 12, 1983, City Council Agenda RE: Barratt San Jose Request 2 ) Letter from Barratt San Jose RE: Sale of City Property 3 ) Memo from City Attorney RE: Sale of Surplus Property 4 ) Resolution Establishing Surplus Property and Directing Staff to Notify Appropriate Agencies RECOMMENDATION: Consider adopting resolution establishing surplus property and directing staff to notify appropriate agencies . FINANCIAL STATEMENT: Undetermined DESCRIPTION: I . BACKGROUND As part of a revised Barratt San Jose proposal for 88 Condominium dwelling units (48 "townhouses" and 40 condos" ) , the applicant asked the City to enter into negotiations for the sale of the land adjacent to San Ramon Road south of Silvergate Drive . On December 12 , 1983 , the City Council directed Staff to enter into negotiations and gave the applicant permission to incorporate City right of way in their revised proposal . This action took place with the understanding that the sale of the property or granting permission to make application in no way committed the City to a particular development proposal. After public hearing before the Planning Commission, the City Council approved a revised 84 dwelling Unit Planned Development Rezoning on March 12 , 1984 . On April 23 , 1984 , the City Council adopted the Ordinance amending• the Zoning Ordinance for the rezoning. Condition #2 of the Resolution approving the rezoning states : "Acquisition of the City owned property proposed for inclusion in this project shall be completed before any permits can be issued for or physical work started on the subject property. " The applicant is currently processing a Tentative Map to allow subdivision of the property consistent with the rezoning . Condition #1 of the draft resolution approving the Tentative Map states : "Prior to filing the Final Map, or grading approval being given, the City-owned property shown within the proposed project shall be acquired from the City. " In response to the conditions, the applicant has made a written offer for the City property. ----------------------------------------------------------------- ITEM NO. 7. / _ COPIES TO: Applicant In order for the City Council to consider selling the surplus property to Barratt San Jose, the Staff recommends that the following procedures be used: 1 . Adopt a resolution establishing surplus property and directing Staff to notify appropriate agencies (such as East Bay Regional Parks District and State Resources Agency) . 2 . After expiration of the response period (not to exceed 60 days ) the City Council must adopt a resolution of intention to sell the City property and setting a public hearing date to discuss the sale of the property. 3 . Take action on the sale of surplus property at the established hearing . II . RECOMMENDATION Staff recommends that the City Council adopt the resolution establishing the surplus property and directing Staff to notify appropriate agencies . ----------------------------------------------------------------- ITEM NO. COPIES TO: i IL mom ( AGENDA STATEMENT AltAcm �rww�w..,,,� MEETING DATE:. . December 12,. 1983 SUBJECT: ; Request from Barratt 'San Jose to acquire � r ' and in San Ramon .Road right-of way �r s pj EXHIBITS ATTACHED r ' 1) Letter ,from Barratt San -Jose - dated November 22, 1983 2 ) Letter from MacKay and Somps dated j + November 30, 1983 RECOMMENDATION See recommendation below " FINANCIAL ,"STATEMENT p Undetermined DESCRIPTION: On May 23 , 1983, the City Council, with I the applicant ' s agreement, continued the public hearing on PA 82-033 Barratt San Jose Planned Development Rezoning and -Tentative Map, until after adoption of the San Ramon Road :Specific Plan. On .September 26, 1983 , 'the eCity Council approved 'the San .� Ramon Road Specific Plan -•Area 5, . with a land use a{`t designation of Multifamily Residential, 8-15 dwelling units T per acre The applicant is now preparing a revised proposal for their j and in 'Area ,5 . ''The applicant ;has ;indicated an interest :in i a 0 . 9+-'acre portion of the City ,right-of=way, along San .-:,Ramon 'Road, south 'of Silvergate Drive". (see attached letters) The , applicant is requesting the. City to enter _ into negotiations negotiations -to ..sell "the :land to the applicant': so that include 'the area in 'their revised proposal. . In order to include the property in the revised proposal, the applicant 'needs to have either: 1) ownership of the property; or, 2 ). permission of the City to make application on City property. I It should be noted that a sale of the property, or granting permission to make application, would in no way commit the City to a particular development proposal. The applicant ' s preliminary concept of 40 condominium units and 48 townhouse units , or any other development proposal would have to be considered on it own merits and processed accordingly. a ----------------- -------------------------------------------- ITEM NO. /•��j - COPIES TO: Barratt. i C, r - Staff has' reviewed -the land in question. Based on the approved San Ramon Road Plan Line, it is .not needed for .future road widening,'-however, provisions will 'need to 'be -ma de`°to maintain or provide a pedestrian/bicycle 'way 'in the / vicinity. Staff suggests •;the following processing procedure when,the - k , revised ;proposal ;is submitted 4 S- Reopen the City Council public hearing on the =r applic,ationt, refer the `.revise d proposal .to the Planning i - r ' �aCommission .'for .report and recommendation, and. continue 'the .. " City Council pu blic hearing -to allow for Planning Commission t action. j G'2 ) The Planning .Commissi.on to 'review the revised proposal x f and 'make ,;recommendations The 'Planning Commission .-may hold a ,public '.hearing on the -revised proposal; but, doe's not legally need to i 4, Reopen `the City Council public 'hearing 'and 'take``action =r , `!-­`,6n':,the ',rezon1ng 'and subdivision :application 'p _ RECOMMENDATION i If the City .Council is willing to enter into negotiations - •: ,- for the sale of the property and willing to give permission to•incorporate City right-of-way. in a :revised :proposal ,= the j City .Council , should: 3 l) :Direct :.Staff to enter into negotiations for the-sale of ,r the property'.and bring :the ',item back to ,.the City :Council -for anal action, an 4 > 2 ) Give the applicant permission to incorporate 'City. right of way in revised proposal k t , 4 1 c 1 c • . ----------------------------------------------------------------- r Bar November 22, 1983 Mr. Larry Tong City of Dublin P. 0. Box 2340 Dublin, CA 94568 RE: Arbor Creek, Dublin Dear Larry: This letter serves to request the city to enter into negotiations with Barratt Northern California, Inc. for the acquisition of 0.9+ acres of land adjacent to San Ramon Road south of Silvergate Drive. The parcel is needed to complete the construction of 40 condo units and 48 townhouse units in a conficuration acceptable to the City of Dublin. Please review this request with the city council at the earliest possible date. Sincerely, BARRATT AN JOSE G.v� L/• NATHAN D. MEEKS Vice President Planning and Engineering NDM: vg F C c ( Y' = D i Ji,l M3 .l, Barratt San Jose • 3150 Almaden Expressway • San Jose, California 95118 • (408) 265-5150 Com—!:.z Lc--407512 1035 DETROIT AVENUE, SUITE 230 C I V I L E N G I N E E R S CONCORD, CALIFORNIA 94518 PHONE 41 5 - 689 - 4321 4967 November 30, 1983 Mr. Larry Tong Planning Director City of Dublin P. 0. Box 2340 Dublin, CA 94566 Dear Larry: Re: Arbor Creek Project Per the request of Barr att-Northern California, please find enclosed an 8-1/2" x 11" exhibit showing the proposed acquisition of excess San Ramon Road right of way. As you know, the precise configuration of this acquisition is subject to further review. The area shown is that recently submitted to Lee Thompson for review. If you have any questions please do not hesitate to call. Best regards, MAMAY & SOMPS Ro T. Andrade Enclosure cc: Nate Meeks, Barratt-San Jose w/enclosure Richard Frisbie, Environmental Center w/enclosure R E C E I V DEC 1 1983 U OFFICES IN CONCORD FAIRFIELD • SACRAMENTO SAN JOSE • SANTA ROSA UNION CITY TRACT 4218 ,l PROPOSED ACOUISITI®N (Owg±AC*) V E -- 'JUL 1 G 1984 CITY ttcat- ��:���►� July 16, 1984 City Council City of Dublin 6500 Dublin Boulevard Suite 101 Dublin, CA 94568 Ladies and Gentlemen: Barratt Northern California hereby offers to purchase the property owned by the City of Dublin lying between the fully extended right of way of San Ramon Road and the property owned by Barratt Northern California bordered by San Ramon Road, Silvergate Drive and Martin Canyon Creek. We offer the price of $3.77 per square foot of property. This is the same amount as we paid for the balance of the property. We feel this represents a fair return to the City for property that has value for sale only if it becomes a portion of Barratt's project. We therefore offer the same amount as we purchased the balance of the property for in the open market. Very truly yours, BARRATT NORTHERN CALIFORNIA Joseph M. Head President JMH:jdk Barratt San Jose • 3150 Almaden Expressway, Suite 245 • San Jose, California 95118 • (408) 265-5150 I Ty GF ;�T TIT 11.0. 1wx 23,10 Dublin. CA 94568 (4 15) 8219-4600 July 13, 1984 R : CE � vE ;J TO: RICHARD AMBROSE and LARRY TONG �>JL 161994 FROM: MICHAEL R. NAVE pU151,i'N �,�Nr111VG RE: SALE OF SURPLUS PROPERTY TO BARRATT Assuming the tentative map is approved, the following steps will be required in order to sell to Barratt the property along San Ramon Road required by Barratt for its project.. The property in question is vacant right-of-way along a public road. It fits within the definitions of "surplus land" in Government Code §54221 (land which is " . . .determined to be no longer necessary for such agency ' s use . . . ") ,thus making the provisions of Government Code § 54220 et. seq. applicable. These provisions of the Government Code require a City, when it has surplus land to make such land available for low and moderate-income housing and for park and recreation or open-space purposes . In particular, Section 54222 requires the City to send a written offer to sell or lease the property prior to disposing of surplus property,_ to any local agencies, such as housing authorities and redevelopment agencies, in whose jurisdiction the land is located, for low and moderate income housing. Written notice is also required to be sent to sell or lease the land for park, recreational- or open-space purposes to the City Park and Recreation Department, the County Park and Recreation Department, any regional park authority having jurisdiction within Dublin. (e. g. , East Bay Regional _ Parks) and to the State Resources Agency. These provi- sions of the Government Code do not specify that the Council must find the property in surplus. I would suggest, however, that the Council make such a finding by resolution and direct the City Manager to notify appropriate agencies . If any of the agencies to which notice is sent wish to purchase or lease the property, they must notify Dublin within 60 days after receipt of the written notice . Presumably, because of the location and size of the land, no agency will be interested in purchasing it. In that case, the City must follow the procedures of Government Code §37420 et seq. , regarding sale of government property. TO: RICHARD AMBROSE and LARRY TONG FROM: MICHAEL R. NAVE RE : SALE OF SURPLUS PROPERTY TO BARRATT July 13 , 1984 If written response is received from all agencies that they are not interested in purchasing or leasing the property, the City can proceed to sell the property prior to the expiration of the 60-day period. The procedure for sale is set forth below. The Council must first adopt a resolution find- ing that the public interest and convenience require the sale of the property. The resolution must state the City' s intention to sell<=the property. Government Code §37421 . The resolution shall also fix a time for hearing, at least two weeks off, at which protests shall be heard, provide for publication of Notice of the hearing, fix the time final action will be taken and contain an accurate description of the property. Government Code §37422. resolution is attached. The resolution must be published at least once in a daily newspaper published and circulated in Dublin or, if none, in a newspaper published in the County designated by the Council. The resolution must also be posted for at least 10 days in at least three conspicuous places on the property. Government Code §37423 . At the hearing, anyone may protest the proposed sale . Government Code §37424 . The Council may proceed with the sale after the hearing, if no protests are received or if all protests are overruled by a four- fifths vote. Government Code §37425 . There is no requirement that the proposed purchase price be included in the resolution setting the public hearing. The resolution approving the sale to Barratt and authorizing the Mayor (or Manager) to execute the agreement, can be on the agenda following the public hearing so that the sale can be made immedi- ately following the hearing. MRN MRN :mr Attachment -2- RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ESTABLISHING SURPLUS PROPERTY AND DIRECTING STAFF TO NOTIFY APPROPRIATE AGENCIES WHEREAS, Barratt San Jose has requested the City to enter into negotiations to sell up to 0.9+ acres of City property adjacent to San Ramon Road South of Silvergate Drive in conjunction with an 84 unit Planned Development on and adjacent to the subject property; and WHEREAS, on December 12 , 1983, the City Council directed Staff to enter into negotiations for the sale of the City property, and gave the applicant permission to incorporate City right-of-way in a revised proposal; and WHEREAS, the City Council found that the City of Dublin was in the process of preparing and adopting a general plan, and that there was reasonable probability that the proposed rezoning would be consistent with the future general plan; and WHEREAS, there was little or no probability that the rezoning would be a detriment to, or interfere with the future general plan, should the new zoning ultimately be inconsistent with the future general plan; and WHEREAS, the City Council found that the rezoning would not have a significant. environmental impact and adopted a Negative Declaration for the rezoning on March 12, 1984 ; and. WHEREAS, the City Council rezoned the entire 7 . 1+ acre area at the Southwest corner of Silvergate Drive and .San Ramon Road Planned Development (PD) on April 23, 1984 ; and WHEREAS, the applicant proposes Tentative Map #5131 to subdivide the area to be consistent with the approved Planned Development; and WHEREAS, conditions of approval of both the approved Planned Development and the proposed Tentative Map require the acquisition of the City owned-property. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council finds that up to 0 . 9+ acres of vacant right-of-way along San Ramon Road South of Silvergate Drive as illustrated in the attached Exhibit A, is surplus land and determined to be no longer necessary for the City' s use; and BE IT FURTHER RESOLVED THAT THE City Council directs Staff to notify the appropriate agencies of the City' s offer to sell the property. PASSED, APPROVED AND ADOPTED this Day of , 1984 . AYES : NOES : ABSENT: Mayor ATTEST: City Clerk ATTACH- '� TRACT -4218 ,1 PROPOSED ACQUISITION (0.9±ACm)