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AGENDA REPORT u�yc�..l•?�� -
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Honorable City Council
Deborah S. Traffenstedt, ATCM /City Clerk ---D S 1
January 11, 2001 (CC Meeting of 1/17/2001)
SUBJECT: Consider Sale of Approximately .03 Acre of Public Land
without Bid and an Agreement to Purchase with Calabasas
BCD, Inc., Related to Previously Vacated Los Angeles
Avenue East Right -of -Way at the Northeast Corner of the
Intersection of Condor Drive
BACKGROUND
On June 7, 2000, the City Council adopted Resolution No. 2000 -1747,
vacating a portion of the Los Angeles Avenue East right -of -way at
the northeast corner of the intersection of Condor Drive totaling
approximately .22 acre (see attached map). The staff report from
the June 7 meeting contains the background information on the
right -of -way vacation action (see attached report).
DISCUSSION
In order to complete the transfer of the excess right -of -way that
is actually owned in fee title, totaling approximately .03 acre,
the Council must approve the sale of the land without bid. State
law requires surplus government property to be sold by competitive
bid unless the entity is able to show that there is no other
practical buyer. Given the location, size, and configuration of the
excess right -of -way, there is no other practical buyer or use for
the property other than to attach the land to the adjacent lot. The
acting City Attorney has confirmed that based on the size,
configuration, and location of the excess right -of -way, an
additional public hearing is not required, the property does not
need to be sold by competitive bid, and does not have to be offered
to other government and housing agencies. The only practical buyer
is Calabasas BCD, Inc., the owner of the adjacent property.
Staff is recommending that the Council authorize the City Manager
to approve an Agreement to Purchase between the City and Calabasas
BCD, Inc., following City Attorney review. The sales price is
intended to be $1.00 with language included in the Agreement to
require all City costs related to the land sale and street
Honorable City Council
January 11, 2001
Page 2
vacation, including staff time, to be paid by Calabasas BCD, Inc.
A boundary line adjustment will also be required to attach the
vacated right -of -way to the adjacent lot.
STAFF RECOMMENDATION
1. Approve a finding that the subject property has no practical
use other than to the adjoining property and approve the sale
of the City's real property to Calabasas BCD, Inc., for the
amount of $1.00; and
2. Authorize the City Manager to execute an Agreement to
Purchase, subject to final language approval by the City
Attorney.
Attachments:
1. Map Exhibit from Resolution No. 2000 -1747
2. Staff Report for 6 -7 -2000 Meeting (Vacation No. V- 2000 -1)
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117TACHMEW 1
Resolution No. 2000 -1747
Page 5
EXHIBIT B
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PORTION OF RIGHT -OF -WAY
TO BE VACATED
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ATTACHMENT 2.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
TTEM��_
FROM: Dirk Lovett, Assistant City Engineer
Prepared by Scott Lawson, Assistant Civil Engineer
DATE: May 4, 2000 (CC meeting of June 7, 2000)
SUBJECT: CONSIDER A REQUEST TO VACATE A PORTION OF LOS ANGELES
AVENUE EAST RIGHT -OF -WAY AT CONDOR DRIVE IN TRACT 3492
(RICE DEVELOPMENT), VACATION No. V- 2000 -1
BACKGROUND
On April 19, 2000, the City Council adopted Resolution No. 2000-
1730, a Resolution of Intent to Vacate a portion of right -of -way
on Los Angeles Avenue East at the intersection of Condor Drive
including establishing the date, time and place to accept public
testimony. May 17, 2000, at 6:30 P.M. was the time set for the
public hearing.
Due to incorrect publishing and posting of the notices required
by the Streets and Highways Code, the public hearing was not
held on May 17. On May 17, the City Council adopted a new
Resolution of Intent to Vacate (Resolution No. 2000 -1739) that
rescinded Resolution No. 2000 -1730 and set a new public hearing
date for June 7, 2000. Notices have been published and posted
in conformance with the provisions of the Streets and Highways
Code.
If the City Council determines, after receiving public testimony
on this request, that the vacation of the right -of -way as
requested is appropriate, adoption of the attached resolution,
including the findings, will complete the right -of -way vacation.
C;f%)Q062
Honorable City Council
Vacation No. V- 2000 -1
May 4, 2000
The Planning Commission on May 8, 2000, adopted Resolution No.
PC- 2000 -390 (attached) concluding that this right -of -way
vacation request is in conformance with the General Plan as
required by Government Code Section 65402.
DISCUSSION
Industrial Planned Development Nos. 99 -1 and 99 -2, allowing the
development of two industrial buildings at the northeast corner
of Condor Drive and Los Angeles Avenue East, were approved by
the City Council on October 6, 1999. The proposed buildings
were approved subject to conditions, which include improvements
to the adjacent street intersection of Condor Drive and Los
Angeles Avenue East. The conditions include improvement of Los
Angeles Avenue East to a Ventura County Standard Plate B2 -B:
right -of -way width of 94 feet, two 12 foot wide travel lanes in
each direction, a 14 foot wide striped median, two 8 foot wide
bike lanes, curb and gutter, and a sidewalk width of 8 feet. In
addition, the developer agreed to a condition to accept excess
right -of -way at the northwest corner of the intersection of
Condor Drive and Los Angeles Avenue East (see Exhibit "B ").
The portion of said right -of -way is a strip, containing 0.22
acres, of paved roadway, striped in a manner that is outside of
the path of vehicular travel. This strip was previously
dedicated as part of the Los Angeles Avenue East right -of -way.
Caltrans relinquished this right -of -way to the City on February
25, 2000.
Exhibit "A" is a legal description and drawing of the parcel to
be vacated and deeded to the property owner. Exhibit "B" was
drawn to more clearly illustrate the location of the parcel
(portion of right -of -way) to be vacated. This drawing shows
the parcel in relation to the intersection of Los Angeles Avenue
East and Condor Drive.
This project will not have the potential to cause a significant
effect on the environment, and a Class 12 exemption from the
provisions of the California Environmental Quality Act for the
sale of surplus government property may be granted pursuant to
Section 15312 of the CEQA guidelines.
Usabilitv for a Non - motorized Transport
Section 65402 of the Government Code also states that "Rights -
of -way established for other purposes by Cities... shall not be
C Nth ®63
Honorable City Council
Vacation No. V- 2000 -1
May 4, 2000
abandoned unless the governing body thereof determines that the
right -of -way or parts thereof are not useful as a non - motorized
transportation facility..." This portion of Los Angeles Avenue
East to be vacated is not useful nor desirable for either
bikeway or equestrian transport facilities.
Use by Public Utilities
The existing right -of -way serves as a public utility corridor
for existing facilities of Southern California Edison, Southern
California Gas, Pacific Bell, Ventura County Waterworks District
No. 1 (domestic water and sanitary sewer) and City storm drains.
To the extent that these facilities cannot be abandoned or
relocated, the reservation and exception from the vacation of
public utility and drainage easements will provide for the
public convenience and necessity.
STAFF RECOI4MENDATIO14S
1. Open the public hearing and consider testimony and evidence
submitted. Close the public hearing.
2. Consider that this project is categorically exempt from
CEQA requirements as a Class 12 exemption for the sale or
vacation of excess property.
3. Consider that this requested right -of -way vacation is in
conformance with the General Plan as determined by Planning
Commission Resolution No. 2000 -390.
4. Determine that the portion of right -of -way is not useful as
a non - motorized transport facility.
S. Adopt the attached resolution (Resolution No. 2000- )
ordering the vacation of the portion of Los Angeles Avenue
East right -of -way, at the northeast corner of the
intersection of Condor Drive (shown in Exhibit "A ") and
directing the City Clerk to record this Resolution and
provide notice as required by law.
Attachments: City Council Resolution
Planning Commission Report of Conformance
Planning Commission Resolution
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