City of Camarillo CC XVIII A 1 AGENDA REPORT. Date: January 24, Honorable Mayor and Councilmembers. Dave Norman, City Manager

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1 City of Camarillo G PT ate: January 24, 2018 To: From: ubmitted by: ubject: Honorable Mayor and Councilmembers ave orman, City Manager Brian. Pierik City ttorney esolution of ecessity for cquisition of Property outh of Pickwick rive for ight-of-way lleyway Project and for Public Health, afety and Welfare Improvements UMMY Consider acquiring by eminent domain property located south of Pickwick rive for a ight of Way lleyway Project and for public health, safety and welfare improvements ( Property ). ICUI The City proposes to acquire by eminent domain property located south of Pickwick rive and north of the Ponderosa hopping Center for a ight of Way lleyway Project and for public health, safety and welfare improvements ( Property ). The Property consists of approximately 15,825 square feet and is designated as ssessor Parcel umber ee attached Location Map. Pursuant to California Government Code sections 7260 et seq., and , and, California Code of Civil Procedure ections et seq. and ection 19, rticle I of the California Constitution, and other applicable authorities, the City is authorized to acquire the property by eminent domain, provided certain procedural steps are followed. The City retained the services of Kevin Mctee (Member of ppraisal Institute) who issued an appraisal report regarding the Property and concluded that the fair market value of the Property is $40,000. The City has made a good faith effort to locate the owners of the Property. The Preliminary Title eport issued by Chicago Title Company states that title to the Property is vested in: nn rneill Larson, as Trustee Under the Will of John M. rneill, deceased. The City was unable to locate nn rneill Larson and retained the services of a Craig Bassham as an investigator to assist in locating nn rneill Larson. Mr. Bassham learned by nn rneill Larson is deceased. Mr. Bassham was requested to locate heirs who might hold title to the Property and Mr. Bassham located a number of relatives of nn rneill Larson ( elatives ). CC XVIII 1

2 cquisition of Property January 24, 2018 Page 2 n July 26, 2017, obert Mcowell of Hamner Jewell & ssociates, on behalf of the City sent an offer letter to the elatives to purchase the Property for the sum of $40,000 provided that the elatives could provide sufficient proof of ownership of the Property. To date, the elatives have not been able to provide sufficient proof of ownership of the Property and, as a result, the City has not been able to acquire the Property by a purchase agreement. ince no agreement could be reached with the elatives, it is now necessary that the City ttorney s office commence an eminent domain action to acquire the Property. Prior to the filing of this action, the City must hold a hearing on the proposed esolution of ecessity. The hearing must be duly noticed, which notice must give the wner, if known, an opportunity to be heard, provided that the wner has timely filed a request to be heard in writing with the City prior to the hearing. The otice of Hearing, which was delivered in accordance with the applicable statutes, is attached. fter conducting the public hearing, if the City makes the following findings, the City should adopt by at least a four-fifths (4/5) vote of the Council the esolution of ecessity authorizing condemnation proceedings for the purpose of acquiring the asements. The proposed resolution is not subject to the California nvironmental Quality ct (CQ), pursuant to ection 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect significant physical change in the environment) of the tate CQ Guidelines, California Code of egulations, Title 14, Chapter 3. ccordingly, there is no potential for the approval of the esolution of ecessity resulting in any significant physical change to the environment, either directly or indirectly. The findings which need to be made are as set forth in the esolution of ecessity. pecifically, the City must find as follows: 1. That the public interest, convenience and necessity require the acquisition of the proposed project. s proposed, the Project will serve public purposes by providing a ight of Way lleyway and for public health, safety and welfare. The Property has been the subject of numerous code violation complaints. 2. That 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. That the property interest sought to be acquired is necessary for the Project. Without the acquisition of the Property, the City would not be able to proceed with the Project. n ovember 28, 2017, the Planning Commission made a finding pursuant to Government Code ection that the acquisition of the Property is in conformity with the City s General Plan. Questions relating to value are not relevant to this proceeding. However, that does not mean that negotiations for the acquisition of the property interests are at an end. If the City Council adopts the esolution of ecessity, after the hearing, negotiations for the acquisition of the Property may continue. CC XVIII 2

3 cquisition of Property January 24, 2018 Page 3 BUGT IMPCT pproval of this action would require an appropriation of $40,000 for a deposit with the California tate Treasurer s ffice at filing of the litigation in CIP/Land cquisition ccount o Project Q dditionally, approval of this action would require a transfer of $40,000 from General Fund fund balance ccount o to the CIP Fund ccount o UGGT CTI 1. a motion to appropriate $40,000 for the court litigation deposit and a $40,000 transfer from the General Fund fund balance to the CIP Fund. 2. a motion to adopt a esolution authorizing commencement of eminent domain proceedings to acquire the Property and authorize the City Manager to execute such documents as may be necessary to implement acquisition of the Property. 3. a motion to authorize the payment of $40,000 with the California tate Treasurer s ffice for the court litigation deposit. TTCHMT esolution (with Location Map) otice of Hearing Finance eview: G CC XVIII 3

4 LUTI LUTI F TH CITY CUCIL F TH CITY F CMILL, CLIFI, FIIG TMIIG THT TH PUBLIC ITT, CVIC CITY QUI TH CQUIITI F CTI PPTY ITT F PUBLIC PUP (pplicable to Property: P ) The City Council of the City of Camarillo does hereby resolve as follows: CTI 1. The City Council hereby finds, based upon the substantial evidence contained in the record, including the written and oral staff reports presented to the City Council with respect to the proposed acquisition of approximately 15,825 square feet of property for the rneill ight of Way lleyway Project and for public health, safety and welfare improvements ( the Project ), as well as all other written and oral testimony submitted at the January 24, 2018 hearing, as follows: and (a) That the public interest, convenience and necessity require the proposed Project; (b) That the real property to be acquired ( Property ) is located within the City of Camarillo, County of Ventura, tate of California and consists of the fee simple interest in that certain real property which is described and generally depicted in xhibits and B attached hereto and incorporated by reference herein; and (c) That the Project is planned and located in a manner that will be most compatible with the greatest public good and least private injury; and (d) That the taking of the Property is necessary for the proposed Project and such taking is authorized by, inter alia, ection 19, rticle I of the California Constitution; ections and et seq. and of the California Government Code, ections 5100 et seq. and of the California treets and Highways Code; Titles 9 and 10 of the Camarillo Municipal Code, ections et seq. and (b) of the California Code of Civil Procedure, and other applicable law; and and (e) That the actual owner of the Property cannot be located with reasonable diligence; (f) That the offer required by ection of the Government Code was made to those persons determined by City staff to be potential owners of and/or heirs to Property; and (g) That the City of Camarillo has complied with Code of Civil Procedure ection regarding the provision of necessary notice of the hearing on this esolution; and (h) That the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain (the right to take ) to acquire the Property. CTI 2. The City Council hereby declares its intention to acquire the Property in the City s name in accordance with the provision of the laws of the tate of California governing condemnation procedures. CC XVIII 4

5 CTI 3. The City Council further finds that if any portion of the area of the Property has been appropriated to some public use, the public uses to which the Property is to be applied by the City are more necessary and paramount public uses, pursuant to Code of Civil Procedure section or, alternatively, will not unreasonably interfere with or impair the continuance of the public use as it then exists or may reasonably be expected to exist in the future, pursuant to Code of Civil Procedure ection CTI 4. The firm of Burke, Williams & orensen, under the direction of the City ttorney, is authorized and directed to prepare, institute and prosecute in the name of the City such proceedings in the proper Court having jurisdiction thereof as may be necessary for the acquisition of said Property, including the filing of an application for an rder for Possession prior to judgment. CTI 5. This esolution is effective immediately upon its adoption. CTI 6. The City Clerk will certify the adoption of this esolution and certify this record to be a full true, correct copy of the action taken. P PT, ttested to on. Mayor City Clerk pproved as to form. City ttorney I, Jeffrie Madland, City Clerk of the City of Camarillo, certify esolution o was adopted by the City Council of the City of Camarillo at a regular meeting held, by the following vote: Y: : BT: Councilmembers: Councilmembers: Councilmembers: City Clerk esolution o Page 2 of 4 CC XVIII 5

6 esolution o Page 3 of 4 CC XVIII 6

7 L C T I M P P xhibit B IL L V P IC K W IC K FI T T I M B IL P T FFIC C L V Y X U P C T CC XVIII IL L K I K

8 City of Camarillo 601 Carmen rive P.. Box 248 Camarillo, C ffice of the City Clerk (805) Fax (805) cityclerk@cityofcamarillo.org ecember 22, 2017 To: nn rneill Larson, s Trustee Under the Will of John M. rneill, deceased 6463 White ak venue eseda, California Karen Larson 4078 Farmdale venue tudio City, California lizabeth ae Larson th t eattle, Washington Lynn rneill-brown 220. aticoy venue Ventura, California uzann Larson Church treet, pt ancho Cucamonga, California UBJCT: City of Camarillo lleyway PCL W: nn rneill Larson, ny Heirs LCTI: lleyway, West of rneill rive, Camarillo, C TIC F HIG GIG ITT F TH CITY CUCIL F TH CITY F CMILL T CI PTI F LUTI F CITY T CQUI PPTY BY MIT MI YU HBY TIFI, pursuant to Code of Civil Procedure ection et seq., that the City Council for the City of Camarillo intends to consider the adoption of a esolution of ecessity for acquisition by eminent domain of the following property interests ( Property Interests ): In Fee imple, as shown in the attached proposed esolution of ecessity. The City s investigation shows nn rneill Larson (s Trustee Under the Will of John M. rneill, deceased) believed to be deceased, or any Heirs are likely to be the current vested owner of the Property Interests. The hearing will be held on January 24, 2018 at 7:30 p.m., or as soon thereafter as the City can hear the matter, in the Council Chambers, located at 601 Carmen rive, Camarillo, C If the proposed esolution is adopted at this meeting, it will authorize the City to acquire the Property Interests for construction of public improvements as part of the City s lleyway Improvement Project (hereinafter, the Project ). CC XVIII 8

9 otice of Hearing ecember 22, 2017 Page 2 s the putative representatives of a person claiming or having an interest in and to the Property Interests, you are hereby notified that you have a right to appear and be heard at said hearing on the following matters and issues, and to have the City consider your testimony prior to deciding whether or not to adopt the proposed esolution of ecessity: a. Whether the public interest, convenience and necessity require the proposed Project; b. Whether the proposed Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; c. Whether the Property Interests are necessary for the proposed Project; d. Whether the offer in compliance withgovernment Code ection (a) was made to you or was excused by virtue of Government Code ection 7267; e. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain (the right to take ) to acquire the property interests described herein, as well as any other matter regarding the right to take said property interests by eminent domain; f. Whether the City has statutory authority to acquire the property interests by eminent domain; g. Whether the necessary notification of the otice of Hearing, as required by the California Code of Civil Procedure, ec , was given in regard to the Property Interests; and h. Whether the City has fully complied with all the provisions of California s nvironmental Quality ct in regard to the proposed Project. The issue of compensation relative to the acquisition is not a matter being heard by the City at this time. Your nonappearance at this noticed hearing will not prevent you from claiming greater compensation as may be determined by a court of law in accordance with the laws of the tate of California. This otice of Hearing is not intended to foreclose future negotiations between you and the representatives of the City on the amount of compensation to be paid for your property interests. The City, with the assistance of the professional right of way services firm of Hamner Jewell & ssociates, has offered by letter dated July 26, 2017, to purchase the necessary interests on your property and been in contact with property owner representatives since. To date, efforts by the City to obtain your voluntary acceptance of the City s purchase of the needed property rights have been unsuccessful. Please note that even if the City adopts a esolution of ecessity to acquire the required interests on your property by eminent domain proceedings that City agents and staff will be available to discuss with you all matters that relate to the project and the required acquisition of interests. If you desire to be heard, you MUT FIL WITT QUT on or before January 9, 2018 indicating your intent to appear and be heard to Jeffrie Madland, Clerk to the City of Camarillo, 601 Carmen rive, Camarillo, C Your failure to file a written request to appear and be heard may result in a waiver of your right to be heard. If you elect not to appear and not to be heard, you will only be foreclosed from raising in a court of law the issues that are CC XVIII 9

10 otice of Hearing ecember 22, 2017 Page 3 the subject of this noticed hearing and that are concerned with the right to take the Property Interests by eminent domain. incerely, Jeffrie Madland, City Clerk City of Camarillo nclosure: Proposed esolution of ecessity c Brian Pierik, City ttorney CC XVIII 10