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MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Hugh R. Riley, Assistant City Manager
DATE: January 7, 2003 (City Council Meeting of 1/15/03)
SUBJECT: Consider Adopting a Resolution of Necessity to
Acquire Fee Title by Eminent Domain Certain Real
property Owned by Colin and Victoria Velazquez
Located at 601 Moorpark Avenue.
BACKGROUND:
City staff has been pursuing acquisition of property that
would be suitable as a portion of a site for the
development of the City's new City Hall and Civic Center
(the "Project "). Based on the Space Needs Study completed
in March 2000, and the Civic Facilities Development Plan
approved by the City Council in November 2001 the City will
need a site in the downtown area, preferably of
Commercially Zoned property for the City Hall.
Based on the Space Needs Study and subsequent information
developed by staff, the City's future needs for the City
Council, Council Chambers, City Manager, City Clerk, Human
Resources, Administrative Services, Community Development,
Public Works (including Building Safety and Engineering)
and Community Services will require a new, independently
developed city hall facility with approximately 32,700
square feet and parking space for approximately 230 cars
(staff and visitor) on a site containing around 3.65 acres.
The site size and parking requirements may vary slightly if
the new city hall facility is developed in conjunction with
other public facilities allpwing for shared parking or if
the facility is designed as a two story building.
000,®33
City Council Agenda Report
January 15, 2003
Page 2
Colin and Victoria Velazquez are the owners of a commercial
site containing approximately 14,880 square feet with
improvements at the northwest corner of Moorpark Avenue and
High Street. (APN: 511 -0 -120 -270) . The property is zoned
Old -Town Commercial and is situated adjacent to existing
Redevelopment Agency -owned property, the County Library and
existing civic center.
This property is listed on the California Historic Register
because of the existing brick wall built in 1913 as an
upgrade to the original structure built in 1908. The brick
fagade located along the street sides of the property, is
all that remains of one 'of three original commercial
buildings in Moorpark. The property is bordered on the east
by State Road (S.R. 23) /Moorpark Avenue.
Of the sites examined for the City's new City Hall, this
property and the surrounding adjacent property comprise the
only site that meets all of the City's requirements as
outlined in the above referenced Space Needs Study and
Civic Facilities Development Plan. The acquisition of this
property would allow the new city hall to be adjacent to
other important public buildings to the north and permit
the new facility to face southeast at the prominent High
Street /Moorpark Avenue corner and create an attractive
appearance for the area. The location of the new city hall
at this corner as an architectural and civic anchor for the
west end of the Old Town High Street area is considered of
greater importance to the 'community than preserving the
brick fagade. The proposed use for the land and associated
public improvements is consistent with the City's General
Plan and with the Downtown Specific Plan.
In recognition of the significance of the brick fagade
along the High Street and Moorpark Avenue frontages of the
parcel, the City proposes to commemorate the site as part
of a public plaza at the corner approach to the new City
Hall /Civic Center utilizing the original bricks to
construct either a landscaped garden wall or a plaza
walkway. In the absence of the city hall project, the
current proximity of the wall to the High Street and
Moorpark Avenue (S.R. 23) rights -of -way make it susceptible
to the future widening of both of these streets to
accommodate an increase in traffic volumes and turning
movements at the intersection.
006-034
City Council Agenda Report
January 15, 2003
Page 3
The City had an appraisal made of the property by John
McNamara & Associates. The appraised value of the property
was determined to be seven hundred fifty thousand dollars
($750,000). The Appraisal document was reviewed by the City
Council on October 2, 2002.
On October 10,- 2002, the City sent a written offer to
purchase the property for the appraised market value of
$750,000. On October 28, 2002 the City received a letter
from Mr. Velazquez stating that he had no desire to sell
the property. The City Council is asked to consider
proceeding with fee title acquisition of the property by
eminent domain and to adopt a Resolution of Necessity to
acquire the property pursuant to Section 19, Article 1 of
the California Constitution, Sections 1240.010 through
1240.050 of the California Code of Civil Procedure and
Section 33391 b) of the Health and Safety Code.
In considering the adoption of the proposed Resolution of
Necessity the City Council must make certain findings as to
the need for the project and that the public interest is
served through the City's acquisition of the property.
These findings are as follows:
1. That the public interest and necessity require
the construction of a City Hall at this location.
2. That the above described Project is planned and
located in the manner that will be most
compatible with the greatest public good and the
least private injury;
3. That the above described real property is
necessary for the proposed project;
4. That the proposed project is consistent with the
City's General Plan and Downtown Specific Plan;
5. That the offer to purchase the above described
property has been made to the owner of record of
the property, as required by California
Government Code Section 7267.2 and said offer has
not been accepted by said owner.
00G®35
City Council Agenda Report
January 15, 2003
Page 4
STAFF RECOMMENDATION:
Staff recommends that the City Council 1) make the findings
of public necessity as described in the staff report and 2)
Adopt Resolution 2003- .(4 /5th's ROLL CALL VOTE REQUIRED)
Attachments: October 10, 2002 Offer to Purchase
Letter from Mr. Velazquez
Notice of Hearing
Resolution No. 2003-
MOORPARK
799 Moorpark Avenue Moorpark, California 93021 (805) 517 -6200
October 10, 2002
Colin & Victoria Velazquez, Trustees
1078 Mellow Lane
Simi Valley, CA 93065
Re: Offer to Purchase Interests in Real Property: 601 -643 North
Moorpark Avenue, Moorpark, CA, - APN 511 -0- 050 -270
Dear Colin and Victoria:
The City of Moorpark understands that you are the owners of
property located at 601 -643 North Moorpark Avenue, Moorpark,
California, APN 511 -0- 050 -270 more particularly described on
Exhibit "B ", attached hereto ( "Property ").
With regard to the Property, the City of Moorpark hereby offers
to purchase the fee simple interest in and to the Property for
the appraised market value of SEVEN HUNDRED AND FIFTY THOUSAND
DOLLARS, ($750,000.00).
An independent appraisal of value was made of the Property to be
acquired. The amount of the above offer is the amount the City
has determined to be the fair market value thereof. The basis
for that determination is explained in the Appraisal Summary
attached hereto as Exhibit "A," which is incorporated herein by
this reference. A Market Data Summary of comparable commercial
sales is also attached.
This offer is subject to:
1. City Council ratification
2. Your ability to convey acceptable marketable title,
including elimination of liens and encumbrances on the
Property
3. An environmental inspection and approval by the City.
The purpose of this process would be to attempt to
determine whether there is hazardous contamination
within, adjacent to, or coming from your property.
The environmental inspection and approval process may
0'v 0 0 o7
PATRICK HUNTER ROSEANN MIKOS CLINT HARPER KEITH F. MILLHOUSE JOHN E. WOZNIAK
Colin & Victoria Velazquez
October 10, 2002
Page 2
include physical inspections and environmental
assessments as deemed necessary or advisable by the
City as well as other testing or inspection should a
preliminary review indicate it advisable. In the
event the City determines that corrective or remedial
action may be necessary, the City reserves the right
to reduce the amount offered to reflect these costs,
or to withdraw this offer. Any such inspections would
be conducted at City expense.
It is the City's hope that this price will be acceptable to you.
Please respond to the terms of this offer in writing no later
than October 25, 2002.
If you have any questions regarding this letter, the acquisition
or the Appraisal Summary, please contact me at 805 -517 -6215.
Sincerely,
tkghR. Riley
Assistant City Manager
Attachments: Exhibits A and B
Market Data Summary
cc: Steven Kueny, City Manager
Joeseph E. Montes, City Attorney
3011V' -, 03318
Colin & Victoria Velazquez
October 10, 2002
Page 3
Exhibit "A"
Appraisal Summary
PROPERTY LOCATION 601 -643 North Moorpark Avenue, City of
Moorpark,,Ventura County Tax Assessor's
Parcel Number 511 -0- 050 -270, described on
Exhibit B attached hereto.
PROPERTY TO BE The fee interest in and to the land and
ACQUIRED improvements for the entire Property,
approximately 14,880 square feet
OWNER Colin & Victoria Velazquez, Trustees
ZONING The subject property is located in the
Downtown Specific Plan Area, and is
designated Old Town Commercial, and is
zoned C -OT, Old Town Commercial. Allowed
in this zone are a wide variety of retail
and commercial uses.
PRESENT USE Three unit commercial building and an
Automobile storage garage (total 5,020
square feet).
CONTOUR Level, at street grade.
ACCESS High Street, west of Moorpark Avenue with
store frontage on Moorpark Avenue.
HIGHEST AND BEST USE As Vacant: Commercial development oriented
toward Moorpark Avenue.
VALUATION METHOD
ESTIMATED PROPERTY
VALUE
DATE OF VALUE
As Improved: Commercial development
Market Data approach
$750,000
March 25, 2002
Colin & Victoria Velazquez
October 9, 2002
Page 4
Exhibit "B"
Property Description
PARCEL 1:
That portion of Lot U, Tract L, Rancho Simi, in the County of Ventura, State of
California, as per map recorded in Book 5, Page 5 of Maps, in the office of the County
Recorder of said County described as follows:
Beginning at the intersection of the Northerly line of that certain strip of land 40
feet wide, locally known and called High Street as described in the Deed to Ventura
County, recorded July 27, 1931 in Book 358, Page 9 of Official Records, with the
Westerly line of Moorpark Avenue, 60 feet wide, as said Avenue is shown on said Map;
thence along said Moorpark Avenue,
1st: North 50 feet; thence parallel with the Northerly line of said High Street,
2nd: West 150 feet; thence parallel with the Westerly line of said Moorpark Ave.,
3rd: South 50 feet to the Northerly line of said High Street; thence along said High
Street, '
4th: East 150 feet to the point of beginning.
Except that portion described as follows:
Beginning at the intersection of the Northerly line of High Street 40.00 feet wide
described in the deed to Ventura County, recorded July 27, 1931 in Book 358 Page 9 of
Official Records, with the Westerly line of Moorpark Avenue Road 60.00 feet wide, as
shown on said map: thence along said Westerly line 0° 02' 00" West 18.96 feet; thence
in a direct line to a point on said Northerly line, said point being distant along
said Northerly line South 89° 59' 00" West 17.21 feet from the point of beginning;
thence North 89° 59' 00" East 12.71 feet to the point of beginning.
PARCEL 2:
That portion of Lot U, Tract L, Rancho Simi, in the County of Ventura, State of
California, as per map recorded in Book 5, Page 5 of Maps, in the office of the County
Recorder of said County, described as follows:
Beginning at the intersection of the Northerly line of that certain strip of land 40
feet wide, locally known and called High Street, as described in the Deed to Ventura
County, recorded July 27, 1931 in Book 358, Page 9 of Official Records, with the
Westerly line of Moorpark Avenue, 60 feet wide as said Avenue is shown on said map;
thence along said Moorpark Avenue, North 50 feet to the true point of beginning;
thence,
1st: North 50 feet; thence,
2nd: West 150 feet; parallel with High Street; thence,
3rd: South SO feet; thence,
4th: East 150 feet to the true point of beginning.
0 00040
Market Data Summary
Commercial Properties
Moorpark, California
MCNAMARA & ASSOCIATES 25602 Alicia Parkway, Suite 409, Laguna Hills, California 92653 Tel. (949) 643 -3556 FAX (949) 643 -5019
Indicated
Sale
Date of
Sale
Land Area
Imprv'mts.
Land
Imprv'mts.
No.
Sale
Price
Zoning
Square
Square
$ /Sq. Ft.
$ /Sq. Ft.
Comments
Foot
Foot
1
6 -1 -00
110,000
C -OT
7,500
856
14.67
128.51
Corner parcel on Moorpark Ave. with old
house considered to have only interim use
value.
2
3 -2 -99
275,000
C -OT
15,000
6,500
-
43.31
Older 2 story office building on High
Street.
3
7 -28 -99
230,000
CO
15,750
2,520
-
91.27
Older commercial building plus older
home sold from an estate.
4
7 -30 -99
305,000
C -OT
7,500
5,000
-
61.00
Older commercial building on High Street
5
3 -14 -00
329,500
C1
18,212
3,200
-
102.97
Two houses on Moorpark Ave. one is
used for offices.
6
6 -21 -00
295,000
Cl
7,500
2,400
-
122.92
Remodeled commercial building on
Moorpark Avenue.
7
8 -14 -01
296,000
Cl
7,500
2,000
-
148.00
Residence on Moorpark Av. Converted to
office
8
11 -28 -01
375,000
C
18,779
2,400
-
156.25
Office type building in Simi Valley
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Subj ect Property ❑
Comparable Sales
COMPARABLE SALES 0 00040
COMPARABLE MARKET DATA
SALE NO: 1
DATE OF RECORDING: 6 -1 -2000
RECORDING NO: 2000 -88920
GRANTOR: Keith Wallis, Tr.
GRANTEE: Aristeo H. Reyes
PARCEL NO: 512- 091 -01
DATE OF INSPECTION: 3 -2002
DATE OF INSTRUMENT: 5 -4 -00
D.T.S. $121.00
LEGAL DESCRIPTION: Lot 7, Block C, of the City of Moorpark
LOCATION: Southeast corner of Moorpark Avenue and Charles Street
ADDRESS: 16 Charles Street, Moorpark, CA
LAND SIZE: 50 x 150
LAND AREA: 7,500 square feet
ZONING: C -OT
IMPROVEMENTS: Old, 1- story, frame and siding residence constructed in 1915 with 2-
bedrooms, 1.0 -bath, and 856 square feet. The improvements appear to be in average condition
for their age.
ASSESSED VALUATION:
YEAR LAND IMPROVEMENTS TOTAL
2000 $73,950 $16,320 $90,270
INDICATED PRICE $110,000
UNIT PRICE $14.67 per square foot for land; $128.51 per square foot of improvements
REMARKS: Concurrent Trust Deed to the Grantor, on this and the adjoining property
for $102,500.
The improvements are considered to have only an interim use value.
The Grantee also purchased the adjoining property from the Grantor.
(23)
MCNAMARA & ASSOCIATES 25602 Alicia Parkway, Suite 409, Laguna Hills, California 92653 Tel. (949) 643 -3556 FAX (949) 643 -5 WG'0q_'J
COMPARABLE MARKET DATA
SALE NO: 2 DATE OF INSPECTION: 3 -2002
DATE OF RECORDING: 3 -2 -99 DATE OF INSTRUMENT: 2 -25 -99
RECORDING NO: 99 -39253 D.T.S. $302.50
GRANTOR:. J. H. Smit Duyzrntkunst
GRANTEE: Richard L. Wardlow
PARCEL NO: 512- 093 -15
LEGAL DESCRIPTION: Lots 6 & 7, Block E, Map of M.L. Wicks Subdivision of
Part of Tract "U "...
LOCATION: North side of High Street, 50 feet East of Bard Street
ADDRESS: 233 E. High Street, Moorpark, CA
LAND SIZE: 100 x 150
LAND AREA: 15,000 square feet
ZONING: C -OT
IMPROVEMENTS: Older, remodeled, 2- story, frame & siding and brick, commercial
building. The improvements are about 75 years, old, contain 6,500 square feet, and appear to be
in good condition.
ASSESSED VALUATION:
YEAR LAND IMPROVEMENTS TOTAL
2000 $137,700 $204,000 $341,700
INDICATED PRICE $275,000
UNIT PRICE $43.41 per square foot of improvements
REMARKS: Concurrent Trust Deed to Bank of Yorba Linda for $244,400(SBA loan).
(24)
, LINAMAKA ac t"NUUAleS LNOVL Allcla FarKWay, site 409, Laguna Hills, California 92653 Tel. (949) 643 -3556 FAX (949) 6IM0 44
COMPARABLE MARKET DATA
SALE NO: 3
DATE OF RECORDING: 7 -28 -99
RECORDING NO: 99- 142473
GRANTOR: Donald R. Heath, Executor
GRANTEE: Milton Miner
DATE OF INSPECTION: 3 -2002
DATE OF INSTRUMENT: 7 -13 -99
D.T.S. $253.00
PARCEL NO: 512- 062 -03, 04
LEGAL DESCRIPTION: East 45.00 feet of West 105.00 feet of South 150 feet, and the North
50 feet of South 150 feet of West 60 feet and the West 60 feet of South 100 feet of Block A,
Town of Moorpark.
LOCATION: Northeast corner of Moorpark Avenue and Charles Street
ADDRESS: 724 Moorpark Avenue and 33 Charles Street, Moorpark, CA
LAND SIZE: 150 x 105
LAND AREA: 15,750 square feet
ZONING: CO
IMPROVEMENTS: Older, 1- story, frame and stucco, 4 -unit commercial building, plus an old
frame and siding residence. The commercial building is about 60 years old, contains 2,520
square feet, and is in average condition.
ASSESSED VALUATION:
YEAR
LAND
IMPROVEMENTS
TOTAL
2000
$115,000
$115,000
$230,000
INDICATED PRICE $230,000
UNIT PRICE $91.27 per square foot of improvements.
REMARKS: Concurrent Trust Deed to Capital thrift & Loan Assn. for $149,500
Sold from an estate.
(25)
WNAMARA & ASSOCIATES 25602 Alicia Parkway, Suite 409, Laguna Hills, California 92653 Tel. (949) 643 -3556 FAX (949) S(ii4
COMPARABLE MARKET DATA
SALE NO: 4
DATE OF RECORDING: 7 -30 -99
RECORDING NO: 99- 144506
GRANTOR: Linda Diana Bredemann
GRANTEE: Anita L. Carton, Tr.
PARCEL NO: 512- 091 -10
DATE OF INSPECTION: 3 -2002
DATE OF INSTRUMENT: 3 -16 -99
D.T.S. $335.50
LEGAL DESCRIPTION: Lot 6, Block C, in the City of Moorpark
LOCATION: Northeast corner of Moorpark Avenue and High Street
ADDRESS: 11 -17 High Street, Moorpark, CA
LAND SIZE: 50 x 150
LAND AREA: 7,500 square feet
ZONING: C -OT
IMPROVEMENTS: Older, 1- story, part frame and stucco and part brick, 3 -unit commercial
building. The improvements contain 5,000 square feet, appear to be about 60 years, old, and are
in good condition.
ASSESSED VALUATION:
YEAR LAND IMPROVEMENTS TOTAL
2000 $90,000 $215,000 $305,000
INDICATED PRICE $305,000
UNIT PRICE $61.00 per square foot of improvements.
REMARKS:
( 26 )
MCNAMARA & ASSOCIATES 25602 Alicia Parkway, Suite 409, Laguna Hills, California 92653 Tel. (949) 643 -3556 FAX (949) 6 -'®46
COMPARABLE MARKET DATA
SALE NO: 5 DATE OF INSPECTION: 3 -2002
DATE OF RECORDING: 3 -14 -00 DATE OF INSTRUMENT: 11 -26 -99
RECORDING NO: 00 -45194 D.T.S. $362.45
GRANTOR: Gary S. Mukuni, et. al.
GRANTEE: Edelmira Garcia
PARCEL NO: 511- 101 -36
LEGAL DESCRIPTION: A part of Lot P, "Map of a Part of Tract L" of the Rancho
Simi...
LOCATION: West side of Moorpark Avenue, at west end of 3rd Street
ADDRESS: 301 Moorpark Avenue, Moorpark, CA
LAND SIZE: 121.41 x 150
LAND AREA: 18,212 square feet
ZONING: Cl.
IMPROVEMENTS: One story, masonry, residence with about 1,700 square feet, which has
been converted into offices, plus a one story, frame and siding residence with about 1,500 square
feet. The improvements contain a total of approximately 3,200 square feet, and appear to be in
average condition.
ASSESSED VALUATION:
YEAR LAND IMPROVEMENTS TOTAL
2000 $229,134 $118,034 $347,168
INDICATED PRICE $329,500
UNIT PRICE $102.97 per square foot of improvements.
REMARKS: Concurrent Trust Deeds for $195,000 and $54,425.
(27) �`)V
MCNArotaRn &ASSOCIATES 25602 Alicia Parkway, Suite 409, Laguna Hills, California 92653 Tel. (949) 643 -3556 FAX (949) 643 -5019
COMPARABLE MARKET DATA
SALE NO: 6
DATE OF RECORDING: 6 -21 -00
RECORDING NO: 00 -98370
GRANTOR: Louis R. Nocera, Tr.
GRANTEE: Paramjit S. Cheema, et. ux.
PARCEL NO: 512 - 102 -30
DATE OF INSPECTION: 3 -2002
DATE OF INSTRUMENT: 6 -1 -00
D.T.S. $324.50
LEGAL DESCRIPTION: Lot 1, Block 6, Town of Moorpark.
LOCATION: Southeast corner of Moorpark Avenue and 1 St Street
ADDRESS: 496 Moorpark Avenue, Moorpark, CA
LAND SIZE: 50 x 150 to a 20 foot alley
LAND AREA: 7,500 square feet
ZONING: Cl
IMPROVEMENTS: Older, remodeled, 1- story, frame and stucco, commercial building
containing approximately 2,400 square feet. The improvements are about 60 years, old, and
appear to be in good condition.
ASSESSED VALUATION:
YEAR LAND IMPROVEMENTS TOTAL
2000 $54,208 $105,319 $159,527
INDICATED PRICE $295,000
UNIT PRICE $122.92 per square foot of improvements
REMARKS: Concurrent Trust Deed to Grantor for $236,000.
(28)
MCNAMARA & ASSOCIATES 25602 Alicia Parkway, Suite 409, Laguna Hills, California 92653 Tel. (949) 643 -3556 FAX (949) 643 - QX"-���
COMPARABLE MARKET DATA
SALE NO: 7
DATE OF RECORDING: 8 -14 -2001
RECORDING NO: 2001 - 159192
GRANTOR: Michael J. Chilton, et. ux. trs.
GRANTEE: Phillip H. & Jeanne M Albert
PARCEL NO: 512- 102 -03
LEGAL DESCRIPTION: Lot 4, block 6 of
DATE OF INSPECTION: 3 -2002
DATE OF INSTRUMENT: 5 -22 -01
D.T.S. $325.50
'Map No., 1, of Tract L, Rancho Simi
LOCATION: East side of Moorpark Avenue, 100 feet north of 2nd Street
ADDRESS: 448 Moorpark Avenue, Moorpark, CA
LAND SIZE: 50 x 150
LAND AREA: 7,500 square feet
ZONING: Cl
IMPROVEMENTS: Older, 1- story, frame and stucco, residence converted to offices. The
improvements were constructed in about 1925, contain approximately 2,000 square feet, and
appear to be in average condition.
ASSESSED VALUATION:
YEAR LAND IMPROVEMENTS TOTAL
2001 $114,444 $52,020 $166,464
INDICATED PRICE $296,000
UNIT PRICE: $148.00 per square foot of improvements.
(29)
MCNAMARA & ASSOCIATES 25602 Alicia Parkway, Suite 409, Laguna Hills, Califomia 92653 Tel. (949) 643 -3556 FAX (949) 643 -5019
X049
COMPARABLE MARKET DATA
SALE NO: 8 DATE OF INSPECTION: 3 -2002
DATE OF RECORDING: 11 -28 -2001 DATE OF INSTRUMENT: 8 -21 -01
RECORDING NO: 2001 - 237494 D.T.S. $412.50
GRANTOR: Eva M. Mak
GRANTEE: Mike Rovner
PARCEL NO: 632 - 030 -50
LEGAL DESCRIPTION: Portion of Lot 4 of California Mutual Benefit Colony of Chicago's
Subdivision
LOCATION: East side of Duncan Street, 150 feet south of Los Angeles Avenue
ADDRESS: 1916 Duncan Street, Simi Valley, CA
LAND SIZE: 150 x 125.29
LAND AREA: 18,779 square feet
ZONING: C
IMPROVEMENTS: One - story, frame and stucco office building, constructed in about 1970
with approximately 2,400 square feet. The improvements have been remodeled and appear to be
in good condition.
ASSESSED VALUATION:
YEAR LAND IMPROVEMENTS TOTAL
2001 $132,459 $52,982 $185,441
INDICATED PRICE $375,000
UNIT PRICE: $156.25 per square foot of improvements.
REMARKS: Concurrent Trust Deed to Pacific Crest Bank
(30)
MCNAMARA & ASSOCIATES 25602 Alicia Parkway, Suite 409, Laguna Hills, California 92653 Tel. (949) 643 -3556 FAX (949) 643 -50 99
October 25, 2002
Hugh R. Riley
Assistant City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, CA. 93021
Re: Offer to Purchase Interests in Real Property: 601 -643 North Moorpark
Avenue, Moorpark, CA. -APN 511 -0- 050 -270
Dear Mr. Riley:
As the owners of the above - referenced property, we are responding to your
letter of October 10, 2002, and the city's offer to purchase. We are not interested
in selling our historic property. The city has other available, feasible ways to accomplish
access to its proposed civic facilities projects without sacrificing unique historic
resources. We hope to work with the city to accomplish its goals while retaining our
use and ownership of our property.
Thank You,
Colin Velazquez
G_SUL
NOTICE OF HEARING
NOTICE OF HEARING REGARDING THE INTENTION OF THE
CITY OF MOORPARK TO ADOPT A RESOLUTION OF NECESSITY
FOR THE ACQUISITION OF 601 MOORPARK AVENUE; APN 511 -0-
050 -270; AS THE SAME IS DESCRIBED IN EXHIBIT "A"
ATTACHED.
TO: Colin and Victoria Velazquez, Co- Trustees
Colin and Victoria Velazquez Family Trust
1078 Mellow Lane
Simi Valley, CA 93065
YOU ARE HEREBY NOTIFIED, pursuant to Code of Civil Procedure Section
1230.010 et. seq., that the City of Moorpark intends to consider the adoption of a
Resolution of Necessity for acquisition by eminent domain of the fee title to certain real
property ( "Property "), for public purposes (the "Project'). The Property is located at 601
Moorpark Avenue; APN 511 -0- 050 -270; as the same is described in Exhibit "A"
Attached.
The hearing will be held on January 15, 2003 at 6:30 p.m., or as soon thereafter as the City of
Moorpark City Council can hear said matter, at the City of Moorpark City Council Chambers,
located at 799 Moorpark Avenue, Moorpark, California 93021.
You, as a person claiming or having an interest in and to the Property, are hereby notified
that you have the right to appear and be heard on the issues to be considered at that hearing. The
issues which will be considered are set forth in California Code of Civil Procedure section
1240.030, and include:
1. Whether or not the public interest and necessity require the Project;
2. Whether or not the Project is planned or located in the manner that will be most
compatible with the greatest public good and the least private injury;
3. Whether or not the Property sought to be acquired is necessary for the Project.
If you wish to be heard at this hearing, you MUST FILE A WRITTEN REQUEST,
indicating your intent to appear and be heard, within fifteen (15) days of the mailing of this
notice by filing or delivering that written request to the City of Moorpark Redevelopment Agency
Executive Director at 799 Moorpark Avenue, Moorpark, California 93021.
RIV #69160 v1
-1-
NOTICE OF HEARING, Page 2
You may use the enclosure for the purpose of notifying the City of Moorpark
Redevelopment Agency of your intent and desire to be heard. Your failure to timely file a
written request to appear and be heard may result in a waiver of your right to be heard.
For further information, contact Hugh Riley at (805) 517 -6215.
Hugh R. ey
Assistant City Manager
RIV #69161 vi
050563
NOTICE OF HEARING, Page 3
3
(Complete, detach and return this page if you wish to heard in this matter)
REQUEST TO BE HEARD ON RESOLUTION OF NECESSITY FOR THE
ACQUISITION OF CERTAIN REAL PROPERTY [601 Moorpark Avenue].
Nam l o 'U (f,7— Telephone U �5_: 4 )� -
Address_ VE)I J I If1 &, P-4)WiLK 1,Li
Dates
Signature
RIV #69161 vi
01 Ste,1�Ali'iii01
RESOLUTION NO. 2003-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, FINDING AND DETERMINING
THAT PUBLIC INTEREST AND NECESSITY REQUIRE THE
ACQUISITION FOR ESSENTIAL PUBLIC FACILITIES
PURPOSES OF CERTAIN REAL PROPERTY DESCRIBED AS
601 MOORPARK AVENUE, MOORPARK CALIFORNIA; APN
511 -0- 050 -270, AS THE SAME IS MORE PARTICULARLY
DESCRIBED IN EXHIBITS "A" and "B" ATTACHED
HERETO AND INCORPORATED HEREWITH.
WHEREAS, the City of Moorpark ( "City ") made an offer to
Colin and Victoria Velazquez ( "Owners ") on October 10, 2002, to
purchase property for $750,000; and
WHEREAS, said offer of $750,000 represents the full amount
determined to be just compensation for the property and
improvements; and
WHEREAS, said offer is not less than the Agency's approved
appraisal of the fair market value of the property; and
WHEREAS, on October 25, 2002, the Owner rejected the City's
offer; and
WHEREAS, the City then notified Owner on December 20, 2002,
of a hearing, to be held not less than fifteen (15) days from
the date of said notification, on January 15, 2003, at which
time a Resolution of Necessity to acquire the property by
eminent domain would be considered; and
WHEREAS, Owner has not waived the fifteen (15) day
notification period and has acknowledged the City's intent to
hold said hearing at 6:30 p.m. on January 15, 2003 in the manner
provided in the Notice of Hearing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City of Moorpark (hereafter "City "), after
consideration of the staff report, staff presentation,
discussion, oral testimony and evidence presented at the JANUARY
15, 2003 meeting of the City Council hereby finds, determines
and declares as follows:
Resolution No. 2003 -
Page 2
1. That the public interest and necessity require the
construction of a City Hall at this location.
2. That the above described Project is planned and
located in the manner that will be most compatible
with the greatest public good and the least private
injury;
3. That the above described real property is necessary
for the proposed project;
4. That the proposed project is consistent with the
City's General Plan;
5. That the offer to purchase the above described
property has been made to the owner of record of the
property, as required by California Government Code
Section 7267.2 and said offer has not been accepted by
said owner.
SECTION 2. The real property that is the subject of this
resolution and is to be taken by the City of Moorpark is located
at 601 Moorpark Avenue (APN: 511 -0 -120 -270) and as described on
Exhibit `A' which is attached hereto and incorporated herein,
and as more particularly depicted on Exhibit `B' which is also
attached hereto and incorporated herein.
SECTION 3. The public use for which the above - described
property is to be taken is the development of a new City Hall.
The City of Moorpark is authorized to acquire the above
described property by eminent domain pursuant to Section 19,
Article 1 of the California Constitution, Sections 1240.010
through 1240.050 of the California Code of Civil Procedure, and
Section 33391 (b) of the Health and Safety Code.
SECTION 4. If any of the above described property has been
previously appropriated to some public use, the public use for
which it is taken under this proceeding is a compatible public
use or, in the alternative, a more necessary public use.
SECTION 5. The City's Attorney and the firm of Burke,
Williams and Sorenson are hereby authorized and directed to
prepare, institute, and prosecute in the name of the City of
Moorpark such proceedings in, the court having jurisdiction
thereof as may be necessary for the acquisition of the above
described property.
Resolution No. 2003 -
Page 3
SECTION 6. The City Clerk shall certify to the adoption of
this resolution by a vote of not less than four - fifths (4/5) of
all of the members of the City Council.
SECTION 7. This resolution shall be effective immediately
upon its adoption.
SECTION 8. The City Clerk shall certify to the adoption of
this resolution and shall cause a certified resolution to be
filed in the book of original Resolutions.
PASSED AND ADOPTED this 15TH day of January 2003.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt
City Clerk
Attachments: Exhibit "A"
Exhibit "B"
() CICY 0 57
Resolution No. 2003 -
Page 4
EXHIBIT A
MAP
MAP OF PARCEL ATTACHED
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Resolution No. 2003 -
Page 5
EXHIBIT B
LEGAL DESCRIPTION OF PARCEL ATTACHED
0 006GO
Order No: 24015761 -
1
PARCEL 1:
DESCRIPTION
That portion of Lot U, Tract L, Rancho Simi, in the County of Ventura, State of
California, as per map recorded in Book 5, Page 5 of Maps, in the office of the
County Recorder of said County described as follows:
Beginning at the intersection of the Northerly line of that certain strip of land
40 feet wide, locally known and called High Street as described in the Deed to
Ventura County, recorded July 27, 1931 in Book 358, Page 9 of Official Records,
with the Westerly line of Moorpark Avenue, 60 feet wide, as said Avenue is shown
on said Map; thence along said Moorpark Avenue,
1st: North 50 feet; thence parallel with the Northerly line of said High Street,
2nd: West 150 feet; thence parallel with the Westerly line of said Moorpark
Ave.,
3rd: South 50 feet to the Northerly line of said High Street; thence along said
High Street,
4th: East 150 feet to the point of beginning.
Except that portion described as follows:
Beginning at the intersection of the Northerly line of High Street 40.00 feet
wide described in the deed to Ventura County, recorded July 27, 1931 in Book 358
Page 9 of Official Records, with the Westerly line of Moorpark Avenue Road 60.00
feet wide, as shown on said map: thence along said Westerly line 00 02, 00" West
18.96 feet; thence in a direct line to a point on said Northerly line, said
point being distant along said Northerly line South 890 59, 00" West 17.21 feet
from the point of beginning; thence North 890 59' 00" East 12.71 feet to the point
of beginning.
PARCEL 2:
That portion of Lot U, Tract L, Rancho Simi, in the County of Ventura, State of
California, as per map recorded in Book 5, Page 5 of Maps, in the office of the
County Recorder of said County, described as follows:
Beginning at the intersection of the Northerly line of that certain strip of land
40 feet wide, locally known and called High Street, as described in the Deed to
Ventura County, recorded July 27, 1931 in Book 358, Page 9 of Official Records,
with the Westerly line of Moorpark Avenue, 60 feet wide as said Avenue is shown
on said map; thence along said Moorpark Avenue, North 50 feet to the true point
of beginning; thence,
1st: North 50 feet; thence,
2nd: West 150 feet; parallel with High Street; thence,
DESCRSO -- 12/04/91 AA
Order No: 24015761 -
DESCRIPTION
Jan 14 03 04:04p Susan Brandt - Hawley 707- 576 -0175 p.1
Susan Brandt - Hawley
Anne Cottrell
B PAN DT— HAWLEY LAW GROUP -t s' q •
Etwf ron menu /Preservation
Chauvet House PO Box 1659
Glen Ellen, California 95442
January 14, 2003
Mayor Patrick Hunter and City Councilmembers
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
by fax: 805.529.8270
Re: City Council Agenda Item 9 F, January 15, 2003
Consideration of Eminent Domain re Property of Velazquez
601 Moorpark Avenue, Moorpark, CA
Dear Mayor Hunter and Councilmembers:
Legal Assistants
Sara Hews
Rachel Howlett
Shannen Jones
Colin and Victoria Velazquez have retained this office regarding the City of
Moorpark's proposed consideration of a Resolution of Necessity to acquire fee
title by eminent domain of their property at 601 Moorpark Avenue. By way of
introduction, our law practice focuses on historic preservation cases throughout
California. Among the cases we have handled under the California Environmental
Quality Act (C.EQA) are Friends of Sierra Madre v. City of Sierra Madre (200 1)
25 CalAth 165; League for Protection of Oakland's Resources v. City of Oakland
(1997) 52 Cal.AppAth 896; Stanislaus Natural Heritage Project v. County of
Stanislau.s (1996) 48 Cal.AppAth 182; and Galante Vineyards v. Monterey
Peninsula County i11'ater Management District (1997) 60 Cal.AppAth 1109.
My clients contend that acquisition of their real property, an acknowledged
historic resource, is not "necessary" for the proposed City Hall project. While the
Agenda Report states that the property is "the only site that meets all of the City's
requirements," this statement is conclusory, without foundation, and simply
untrue. In fact, use of the city land on the opposite side of High Street to widen
the road would instead allow accomplishment of the project without loss of
707.938.3908 -, 707.576.0198 - fax 707.576.0175 -, susanbh0econet.or9
i
Jan 14 03 04:04p Susan Brandt - Hawley 707 -576 -0175 p.2
Letter to City Council
January 14, 2003
Page 2
historic resources, as would acquisition of the non - historic property across
Moorpark Avcnue!Highway 23.
The city's ongoing actions taken to acquire and demolish the historic
stricture at 601 Moorpark are discretionary actions subject to CEQA. It is well -
settled law that CEQA applies to eminent domain projects. For example, in
Burbank- Glendale- Pasadena Airport Authority v. Hensler (1991) 233 Cal. App.
3d 577, 595 -96, an airport adopted a resolution of necessity authorizing
condemnation of land for extension and future relocation of an airport taxiway.
(Id. at 583 -85.) The petitioner successfully argued that acquisition of a site for the
eminent domain project prior to CEQA compliance was unlawful. (Id. at 596.)
The court held that the airport's reliance on an EIR prepared for a previous
project, different in several material respects from the project at issue, was
insufficient. (Id. at 594.)
In this case, the impacts of eminent domain on the historic resource owned
by the Velazquez family have not yet been studied or mitigated as required by
CEQA, and the City's consideration of the Resolution of Necessity is therefore
unlawfully premature. The vaguely outlined proposal to construct a wall with
renulant historic bricks cannot reduce the impacts on the historic resource to a
level of insignificance. As held in League forProtection of Oakland's
Architectural and Historic Resources v. City of Oakland, supra, a case handled by
this office, when an historic resource is proposed for demolition, mitigation
measures are insufficient to reduce the loss of an historic building to a level of
insignificance:
A large historical structure, once demolished, normally cannot be
adequately replaced by reports and commemorative markers. Nor, we
think, are the effects of the demolition reduced to a level of
insignificance by a proposed new building with unspecified design
elements which may incorporate features of the original architecture
into an entirely different [building]. This is so particularly where, as
here, the plans for the substitute building remain tentative and vague.
We conclude that the stated mitigation measures do not reduce the
Jan 14 03 04:04p Susan Brandt - Hawley 707- 576-0175 p.3
Letter to City Council
January 14, 200' )
Page 3
effects of the demolition to less than a level of significance.
(Id. at 909.) The court's holding is fully consistent with the Public Resources
Code, which makes clear that "a project that may cause a substantial adverse
change in the significance of an historical resource is a project that may have a
significant effect on the environment." (Pub. Resources Code § 21084. 1.)
Obviously, demolition —the total loss of a building —is a "substantial adverse
change," defined in CEQA Guideline section 15064.5 subdivision (b) subdivision
(1) as meaning " physical demolition, destruction, relocation, or alteration of the
resource or its immediate surroundings such that the significance of an historical
resource would be materially impaired."
CEQA Guideline section 15004(b)(1) requires that "[w]ith public projects
. . . at the earliest feasible time, project sponsors shall incorporate environmental
considerations into project conceptualization, design, and planning." Site
acquisition may occur only when (1) environmental considerations are
incorporated into the project at the earliest feasible time, (§ 15004(b)(1)) and (2) it
does not have a significant adverse effect on the environment, or limit the choice
of alternatives or mitigation measures (§ 15004(b)(2)). "CEQA compliance
should be completed prior to acquisition of a site for a project." (Guideline §
15004(b)(1).)
The rule of law at issue is relatively simple: "CEQA is triggered if agency
approval is required for any activity integral to a project." (Kostka and Zischke,
Practice Under the California Environmental Quality Act, CEB, § 4.14, at 146.)
The City of Moorpark's discretionary eminent domain proceedings against the
Velazquez property are thus subject to CEQA.
Our hope is that with preparation of an environmental impact report to
consider feasible alternatives to demolition of the historic Velazquez property, the
City Hall project may proceed without demolition of this resource. CEQA is not
just a `procedural' statute, but contains a `substantive mandate' that agencies adopt
feasible alternatives that can substantially lessen or avoid adverse effects on the
Jan 14 03 04:04p Susan Brandt- Hawley 707 -576 -0175 p.4
Letter to City Council
January 14, 2003
Page 4
environment. Agencies must avoid or reduce environmental harm by adopting
feasible project alternatives or mitigation measures." (E.g., Kostka and Zischke,
Practice Under- (CEQAJ, CEB, vol. 1, § 1. 19, p.16.) The California Supreme Court
affirmed the critical substantive requirements of CEQA in Mountain Lion
Foundation v. Fish & Game Commission (1997) 16 CalAth 105, holding that "a
public agency must ... consider measures that might mitigate a project's adverse
environmental impact, and adopt them if feasible. (§ §21002, 21081)." (Id. at
124, emphasis added.) The Court reiterated "CEQA's substantive mandate that
public agencies refiain from approving projects for which there are feasible
alternatives or mitigation measures." (Id. at 134.)
Thank you very much for your consideration of this matter. Please include
this office in any public notices of filrther proposed action relative to eminent
domain or the proposed demolition of the Velazquez property. The City is
respectfully requested to deny adoption of a Resolution of Necessity and to
prepare an environmental impact report addressing the proposed loss of historic
resources prior to any further consideration of such action.
Please feel free to contact me with any questions regarding this matter.
Sincerely yours,
Susan Brandt - Hawley
cc: Colin and Victoria Velazquez