ACTION:
____________________________
Clerk/Secretary
Department: City Attorney Item No: C14
Prepared by: Walter Chung, City Attorney Meeting Date: June 27, 2023 Approved by: John Conley, City Manager Agenda Location: Consent Calendar SUBJECT: PURCHASE AGREEMENT FOR 536 MATAGUAL DRIVE, VISTA, CA RECOMMENDATION: Adopt City Council Resolution No. 2023- , authorizing the City to enter a purchase agreement for a parcel of real property located at 536 Matagual Drive (APN 164-241-42) CORRELATION TO CITY COUNCIL GOALS: Parks and Recreation PRIOR ACTION: None.
STATEMENT ON THE SUBJECT: The City Council has expressed a goal of acquiring more park land.
The property at 536 Matagual Drive is a 2.27-acre parcel of land that currently has a single-family residence home. The owner of 536 Matagual Drive is willing to sell this property to the City for $2,150,000 provided that the land is deed restricted for park use in perpetuity. The City and the sellers have negotiated a real property purchase agreement and deed restriction which are attached as Exhibit 2.
FISCAL IMPACT: Funding of $2,150,000 is budgeted in the Park Development Impact Fees account (1020000.310410).
EXHIBITS:
1.City Council Resolution No. 2023- , approving the real property purchase agreement for 536 Matagual Drive, Vista, CA
2.Real property purchase agreement and deed restriction for 536 Matagual Drive, Vista, CA AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
06/27/2023 C14 Page 1 of 37
Approved above recommendation, adopted City Council Resolution No. 2023-124.
Vote: 5-0
{00111398 1}
RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, AUTHORIZING THE CITY TO ENTER A PURCHASE AGREEMENT FOR A PARCEL OF REAL PROPERTY LOCATED AT 536
MATAGUAL DRIVE (APN 164-241-42)
The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. Thomas Shadle, Julian Shadle and Selena Shadle (collectively, “Owner”) jointly and severally own certain real property located on 536 Matagual Drive, Vista, California 92081, San Diego County Assessor parcel number 164-241-42 (“Property.”) B. The City of Vista has determined that the purchase of the Property will serve the public interest when developed as a park.
C. The City intends to purchase the Property for park purposes at the price of $2,150,000 (“Offer Price”).
D. Owner wishes to sell the Property to the City and the City wishes to purchase the Property at the Offer Price on the condition that the City agree that the Property’s sole use shall be restricted to public park purposes in perpetuity.
E. The terms and conditions for the purchase of the Property, including the restriction on the use of the Property as a public park in perpetuity, are contained in that certain Real Property Purchase Agreement by and between City and Owner.
2. Action.
A. The Real Property Purchase Agreement and is approved, and the Mayor is authorized to execute the Agreement on behalf of the City.
B. The City shall use the Property for public park purposes only in perpetuity.
C. The City Manager is authorized to accept, approve, execute, enter into, and deliver all such certificates, deeds, deed restrictions, conveyances, agreements, applications, and all other documents that are necessary and proper for implementing the Agreement and effectuating the purchase of the Property and the conveyance of title to the name of the City. 06/27/2023 C14 Page 2 of 37EXHIBIT 1
RESOLUTION NO. 2023-
CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 2
{00111398 1}00111398.DOCX
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on June 27, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
JOHN FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
APPROVED
Walter C. Chung
20230620092515
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From:Lonna M. Leghart
To:Kathy Valdez
Cc:Dan O"Donnell; Katie Melendez; Joe Green; Corinna Contreras; John Franklin; John Conley Subject:Item C14 at 6/27/23 Meeting: 536 Matagual Drive Date:Monday, June 26, 2023 10:14:59 AM
To the Current Vista City Council and Staff:
We thank you for listening to us and to our Matagual and Vale View neighbors when we asked for the city to stop commercial developers from buying the lot at 536 Matagual Drive, when instead we asked you to consider making it a park. We’ve asked since 2019, and we kept hearing, “No.” It seemed like an impossible feat, but it looks like you’ve done it! We look forward to a great conversation about the future of the park space, and we offer our open minds and creative spirits to the discussion.
And to the Shadle Family:
Thank you for working with the city to come to an agreement that is attractive and exciting for our community.
Sincerely,
Lonna, Jonathan & Alex Leghart
Vale View Drive homeowners
Proud District 4 voters
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C14
From:Debbie Weinberg
To:Nadav Weinberg
Cc:Joe Green; Husam Hasenin; Dan O"Donnell; Katie Melendez; John Franklin; Kathy Valdez; Corinna Contreras Subject:Re: Support for C14 - City to purchase property on Matugal Date:Tuesday, June 27, 2023 11:54:55 AM
I would also be more than happy to donate my landscaping services to help create a community garden in that space if that is something you desire at some point in the future.
On Tue, Jun 27, 2023, 11:28 Nadav Weinberg wrote:
All,
My wife, Debbie, and I reside at Vale View Dr and purchased our forever home in November 2020. We absolutely love the community and couldn't be more proud to be citizens of Vista.
We apologize for not being able to attend the meeting in person tonight -- the meetings overlap with the kids' bedtime.
We are very strong advocates of C14 which will be on the agenda tonight. The addition of the food area across from the vacant lot has been a wonderful addition to the community - we walk there weekly with the kids. Thank you for supporting that build.
As we continue to build a safer and more family-friendly community in Vista, having a local park to walk to, especially with a 5 year old and nearly 1 year old, is top of mind. C14 would not only bring this to fruition, it would solve the community's requests for the vacant lot. As you're well aware, we, and the greater Vale View Community, stand firmly against zoning that into multi-tenant housing and will continue to do so. This is the perfect solution to this area and delivers on Mayor Franklin campaign promise of:
"I’m proud to continue to prioritize purchasing new land for new parks. Will Rogers said, “Buy land…they ain’t making any more of the stuff!”
I believe in conserving today, green spaces for future residents of Vista. Soon, the City won’t be able to afford to purchase parcels of land the way we’re able to today. Rising values and disappearing green space mean we have to act now to leave a legacy of parks and greenery for the next generation."
As Mayor Franklin has to clearly stated, the time to act is now.
Thank you for your support,
Nadav, Debbie, Aviv (5), and Eden (1)
--
Nadav E. Weinberg
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C14