ACTION:
____________________________
Clerk/Secretary
Department: City Manager Item No: D1
Prepared by: John Conley, City Manager Meeting Date: September 10, 2024 Approved by: John Conley, City Manager Agenda Location: Discussion SUBJECT: VISTA CONSERVANCY PROPERTIES, APN 176-370-46 AND 176-310-05 RECOMMENDATION: Discuss the City accepting two properties owned by the Vista Conservancy and provide direction to staff.
CORRELATION TO CITY COUNCIL GOALS: Fiscal Responsibility and Parks and Recreation PRIOR ACTION: On February 25, 2020, the City Council discussed Councilmember Green’s request to provide a one-time payment of $15,000, and annual payments of $5,000, to the Vista Conservancy to pay for the initial cleanup and ongoing maintenance of private property that is scheduled to be transferred to the Vista Conservancy (No Vote).
On April 28, 2009, the City Council authorized the City Manager the discretion to (1) release $41,000 for use as outlined in the Vista Conservancy Proposal dated April 27, 2009, and (2) make this project the number one priority if funds are available at the end of the 2008/2009 Fiscal Year (Vote: 2-1, Vance opposed; Ritter and Campbell did not participate due to a statutory conflict of interest).
STATEMENT ON THE SUBJECT: Representatives of the Vista Conservancy recently met with the City Manager to discuss the dissolution of their nonprofit organization. The Vista Conservancy is a 501(c)(3) nonprofit organization formed in 1998 for the purpose of working with property owners and the community to build a creek walk trail. During their 26 years in operation, the Vista Conservancy acquired two parcels in fee, which they currently own and maintain: Assessor’s Parcel Numbers (APNs) 176-370-46 and 177- 310-05. A project location map is included as Exhibit 2, and general information for these parcels is provided below.
APN General Location Size
(AC)
General
Plan Zoning Existing Condition
176-370-46
Buena Vista Creek and
public trail east of
Townsite Drive
2.91 OS R-1 (PRD-6)
Open Space
Riparian / Public
Trail
176-310-05
South side of Vale
Terrace Drive west of
Ponderosa Drive
0.77 HD RM-21
Open Space
Riparian / Vacant
AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
Directed staff to accept two properties owned by the Vista Conservancy.
MEETING DATE: September 10, 2024 PAGE 2
SUBJECT: VISTA CONSERVANCY PROPERTIES, APN 176-370-46 AND 176-310-05 The Vista Conservancy, in their discussions with the State related to the dissolution process, have been asked to identify the entity that would take responsibility for these two parcels. The Conservancy’s Board representatives have formally asked the City to accept these properties for public use (Exhibit 1).
As noted in the table above, APN 176-370-46 is improved with a public walking and biking trail, which was developed along with the adjacent subdivision in 2000 and dedicated to the Vista Conservancy. The existing trail is approximately 250 feet in length and is maintained by the Conservancy. This parcel includes an existing water meter that would be transferred with the property. The property also includes riparian habitat associated with a segment of Buena Vista Creek. The cost to maintain the existing public trail segment is estimated to be $10,000 annually. It should be noted that the City currently maintains the trail upstream from this location through Brengle Terrace Park, which is approximately 600 linear feet.
The other parcel, APN 176-310-05, is unimproved and would need to be secured with fencing or a barricade to prevent illegal dumping. Staff anticipates a one-time cost of approximately $30,000 to secure APN 176-310-05 with a lodgepole fence, similar to that adjacent to the Buena Vista Creek trail. The cost to maintain both of these properties on an annual basis (cleanup twice annually) is estimated to be $5,000.
Therefore, staff anticipates a one-time cost of approximately $30,000 to secure one of the properties, and ongoing annual costs of approximately $15,000 to main the public trail segment and open space areas if these properties are accepted for public use by the City.
Should the City Council decide not to accept these parcels, if the Vista Conservancy pays real property taxes on these parcels (some tax-exempt entities are exempt from real property taxes), they would likely be auctioned by the County Assessor’s Office after a tax default for failure to pay real property taxes.
According to the California State Controller, the procedure from this point is as follows: "Property becomes tax-defaulted land if the property taxes remain unpaid at 12:01 a.m. on July 1st. Property that has become tax-defaulted after five years (or three years in the case of property that is also subject to a nuisance abatement lien) becomes subject to the county tax collector’s power to sell to satisfy the defaulted property taxes. The county tax collector must attempt to sell the property within four years of becoming subject to sale. The county tax collector may offer the property for sale at public auction, a sealed bid sale, or a negotiated sale to a public agency or qualified nonprofit organization.” Additionally, should the City Council decide not to accept these parcels, the parcels would likely become a nuisance with overgrown vegetation, trash, etc. causing the City Council to potentially declare the properties public nuisances and forcibly abate the nuisances.
Staff recommends the City Council accept the Vista Conservancy parcels for public use, as neither public auction of these parcels or allowing the parcels to become public nuisances would be in the best interest of the City.
FISCAL IMPACT: Acceptance of the Vista Conservancy properties is anticipated to result in a one-time cost of approximately $30,000 to secure APN 176-310-05, and ongoing annual costs of approximately $15,000 for maintenance of both properties. Staff anticipates the dissolution process with the State will provide sufficient time for these costs to be included in next year’s (Fiscal Year 2025/26) Operating Budget.
EXHIBITS:
1.Letter from the Vista Conservancy, dated May 31, 2024
2. Location Map
09/10/2024 D1 2 of 4
09/10/2024 D1 3 of 4
EXHIBIT 1
09/10/2024 D1 4 of 4
EXHIBIT 2
D1: Vista Conservancy Properties
APN 176-370 -46 and 176-310 -05
September 10, 2024
•The Vista Conservancy is a nonprofit organization established in 1998 to work with landowners and the community for the purpose of developing a creek walk trail along Buena Vista Creek •First segment of the trail was developed with the adjacent subdivision off Bel Air Drive, and included the dedication of APN 176-370-46 to the Conservancy
•In 2003, the second property, APN 176-310-05, was dedicated to the Conservancy by the prior owner.
D1: Vista Conservancy Properties
Vista Housing Innovation Pilot Program
Vista Housing Innovation Pilot Program
Vista Conservancy Properties
APN General Location Size
(AC)
General
Plan Zoning Existing
Condition
176-
370-46
Buena Vista Creek
and public trail
east of Townsite
Drive
2.91 OS R-1
(PRD-6)
Open Space
Riparian /
Public Trail
176-
310-05
South side of Vale
Terrace Drive west
of Ponderosa Drive 0.77 HD RM-21
Open Space
Riparian /
Vacant
•The Vista Conservancy has notified the City of dissolution of their organization, and request acceptance of these two properties, APN 176-370-46 and 176-310-05.
•Staff estimates one-time cost of approximately $30,000 to fence and secure APN 176-310-05 from the public right-of-way. •Anticipated costs for annual maintenance of both properties is $15,000.
D1: Vista Conservancy Properties
Vista Housing Innovation Pilot Program