HomeMy WebLinkAbout1979-04-24; City Council; 5826; REQUEST OF MR. VICTOR MORENO FOR AN EXTENSION OR DELAY OF ACTION REGARDING NOTICE TO VACATE FROM 3075 HARDING STREET,? CITY OF CARIJSBADh 0
AGENDA BILL NO. zpz 6 Initial
Dept . Hd DATE : April 24, 1979 C. Atty.
DEPARTMENT: Planning/Redevelopment C. Mgr.
Subj ect : 1, d Request of Mr. Victor Moreno for an Extension or Delay
of Action Regarding Notice to Vacate from 3075 Harding St1
Statement of the Matter
Mr. Victor Moreno, North County Ballet, submitted a request to
address the Council regarding his occupancy of the old City Hall
building at 3075 Harding Street. Mr. Moreno's request was recei
to late to schedule on April 17th agenda as packets were already
On April 18, 1979, Mr. Moreno was advised that his request was
scheduled for Council consideration at a special meeting to be held April 24, 1979.
On April 20, 1979, Mr. Moreno notified us that he has found
replacement quarters, would comply with the Notice to Vacate, and expressed appreciation for the Council and staff actions taken to schedule his request.
- Exhibit
Letter from Victor Moreno dated April 11, 1979
Letter to Victor Moreno dated April 18, 1979
Letter from Victor Moreno dated April 20, 1979
Recommendation
Council should convene the special meeting, enter Mr. Moreno's letter of withdrawal into the record, and adjourn to the the
study session.
Council Action:
4- 24- 79 Council acknowledaed Mr. Voreno's letter of withdrawal of requel
and directed the matter be filed.
> -
v
OA
BALLET COMPANY
Victor /1! 72 Y-K 74 1 P.0 Box 823 to promoting t/le Art of'Dur?ce Artistic D
Culshud, CA. 92008
Non-Pro fi t Orgutz izu t ioii dcdiccr t ed
April 11, 1979
City of Carlsbad
1200 Elm Avenue
Carl sbad, Cal i fornia 92008
At tent ion: Paul Bussey,
City Manager
G1TY OE CARbS
Dear Mr. Bussey,
REFERENCE: North County Ballet Company/Historical Building
Please consider this letter as a formal request to meet with
you, and the City Council regarding a possibIe extension or delay of
action for eviction, of the North County Ballet Company.
Please contact me at your earliest convenience. Any consideratior
given to my request will be appreicated.
.f I" f Q---/>g& "4/0 &=/ /
' /-
I;/ Victor Moreno
Artistic Director
VM: ja
€XHIQ
- e 0
1200 ELM AVENUE TELEPHO
CARLSBAD, CALIFORNIA 92008 (714) 729-'
0 aitp of ~~~~~~~~
April 18, 1979
Victor Moreno
5365 Arbol Drive
Carlsbad, California 92008
Dear Mr. Moreno:
The City Council of the City of Carlsbad will consider your
request regarding occupancy of City property located at
3075 Harding Street at a Special Meeting to be held on April 24, 1979, 7:OO PM, in the City Council Chambers.
Notwithstanding your request to address the Council, the
provision of the original Notice to Vacate (attached),
remains in effect. Therefore, you must vacate the premises not later than 12:OO midnight on April 25, 1979.
You are hereby formally advised thak due to contractural
obligations incurred by the City, occupancy beyond the date
specified herein, will result in direct damages to the City
in the form of additional move-on costs.
The contractor hired by the City for the Harding Street Cent
project indicates that if the premises are not vacated by April 26, 1979, an immediate charge of $2,000 will be levied
In addition, subcontractor charges could amount to an additi
$5,500 in added cost, exclusive of increased material costs attributable to delayed site availability. In the event tha
additional costs are incurred as a result of your continued
occupancy, the recovery of such costs could be subject to le
action.
I empathize with your problems with rental terms and hope th
you understand my concern with minimizing additional public expenditure. If I can bgof assistance to you in preparing
meet the notice date, please do not hesitate to contact me.
JEH: ldg
Att.
Rccri
c
TELEPf-
ria
'i. 'L.
1200 ELM AVENUE CARLSBAD, CALIFQRNIA 92OOa (714) 72'
Janaary 26, 1979
7
Victor Moreno .
5365 Arbol Drive
Carlsbad, California 92008
Dear Mr., Moreno:
As f6u are aware, the property which you currently
occupy was acquired by the City in 1976, were allowed continued occupancy pending completion of plan
and specifications .. for 'the alteration of the site,
-.
..
At that time you
Planning 2s now complete, and bids for construction
In accordance with'applieable State and Federal raw
-. -activity are currently being sought,
4..
- _- . .-
c
you are hereby notified that you must vacate the premises not later than 12r00 midnight April 25, 1979-
As you were previously notified, the City, through a
contract with the City of San Diego, will provide you assi:
ance in relocating, Someone from the City of San DiegoOs Central Relocation Office will contact you in the near futi
to explain the relocation process,
If you have any questions or desire additional Lnform tion please do not hesitate to contact me.
..
I ' pvzzL .:
' SACK E- HENTHORN
Redftvelopment Coordinator
' *, 3EH:jd
cc: City Manage'r
Parks and Recreation Director .
City Engineer
Planning Director
Public Works
Building Director
Finance Department
..
City Clerk ..
0 0 .
i--
April 20, 1979
Honorable Mayor and Members of the City Council
I found a new location for North County Ballet Academy
so I will be vacating the premises at 3075 Harding Street, Carlsbad, California by Wednesday evening, April 25, 1979.
My thanks to the City Council and the City Manager for their consideration in setting a time for my request
for an extension to vacate to be heard on April 24, This will not be necessary.
Very truly yours,
1979.
c T--/ f' :gyf
~ :".(-== ,&&bJLT
'Victor Moreno ,' ,/'
J cjr;.; i"a{k"s cqice
--
1 eo*.ctL. lL\>? 0- e; 1 'TI
f )J T c', /-2 L, t!
+LA- - -2 -Ts
MEMORANDUM
DATE : April 2, 1979
TO: Paul Bussey, City Manager
FROM: Ron Beckrnan, Public Works Administrator
Jack Henthorn, Redevelopment Coordinato
ORIGINAL CITY HALL/LIERARY RELOCATION SUBJECT :
BACKGROUND
At it's meeting of March 20, 1979, Council took action granting
the Historical Society permission to move the subject building from it's current location to Magee Park. Approval was granted subject to the relocation being accomplished within ten days.
PURPOSE
The purpose of this memo is to advise that it is not possible
for the structure to be moved within the time frame establish( by Council. This is due basically to'legal obligations prescr by State and Federal relocation assistance laws and the necess to ensure compliance with previously approved permits.
RELOCATION ASSISTANCE CHRGNOLOGY
On September 6, 1977, the Council adopted policies relating tc
relocation and property acquisition. In October, 1978, Counci entered into an agreement with the City of San Diego for the
provision of relocation processing services.
In January, 1979, Mr. Moreno, doing business as North County
Balle* Academy, was given notice to vacate the subject properl
by April 26, 2979. At that time, the City of San Diego Centri Relocation Office was notified to begin processing Mr. Moreno
Representatives of the Cicy of Sa,dDiego have shown Mr. Morenc several potential sites to whichl'he might relocate, but he ha,
not found them to be acceptable/. He further insists that he 1 to remain in Carlsbad and is uhwilling to relocate to another Therefore, it is probably not reaptic to assume that the pr will be available prior to April 26th.
Processing completed to date indicates that Mr. Moreno is eli for a payment in lieu of property loss and moving expenses.
for displacement. /
/
e .e *%
Since the City of San Diego Relocation Office has not received tax information requested from Mr. Moreno, it is not possible
to accurately determine the amount of payment due to him, ever, it is anticipated that the payment will approach the legal
maximum of $10,000.00.
AS previously noted, since this cost was not a part of the
original Harding Street Center estimate, it will be necessary to
seek funds from a source other than the project itself. (See attached memo).
In an attempt to expedite this process, the Building Director
was asked whether, once moved, the structure could again house the Ballet Academy. He informed that since the academy is basic
ally an educational use, it could only occupy the relocated structure following extensive renovation, which would probably 1
be economically feasible.
In addition, it was noted that if the proposed reuse was of a
general office character, the renovation costs attributable to
uneconomically feasible reuse.
City Permit Requirements
In order to relocate the structure to Magee Park, an amendment to the existing City C.U.P. would be required as well as norma:
environmental processing. The estimated time frame to accompl
these items is four to six weeks.
Coastal Permit Amendment
If the structure is to be relocated to Magee Park, an amendmer to the original Coastal Permit will be required.
Conversations with Coast Regional staff indicates that approx:
mately three weeks should be allowed for processing of the
amendment application. However, if the placement of the buill and its intended use would intensify the character of Magee P significantly, the processing time required could increase.
Conclusion
If all processing was instituted immediately, and no problems were encountered, the building could be relocated to Magee PE late this month or early next.
However, due to legal relocation assistance obligations the
building cannot be moved until the Ballet Academy:
How-
. Code requirements would decrease significantly, resulting in an
a. Vacates to a suitable replacement site, or
b. Vacates in accordance with the notice given in January requiring vacation of the premises by 12: ( on April 25, 1979,
Jy : id L 7 79
-
L. w- .Y 0 a
73
MEMORANDUM
DATE : March 12, 1979
TO : Paul Busseyp City Manager
FROM:
SUBJECT:
Jack Henthorn, Redevelopment Coordiiiato w
RELOCATION ASSISTANCE - MOmNO AND McCHESNEY - I NF OFMATE ON
As you are awaret impending CO~S~~XC~~Q~ projec-ks have neces tat& the in'itiatbon of relocation a.ssistance processing for
North County Ballet, 3075 Hard-ing (Moreno) and Dave's Kadiat Grand and State (McChesney). The Mareno case is related to
Harding Center activity, while the NcChesney case is a resul
of the HCD Block Grant funding of the State and Grand parkin lot.
At this time, both cases appear to be eligible for maximum assistance in the form of a $2,500 -*$10,000 paynient in lieu
actual moving expenses, direct loss of personal property and
expenses for searching for a replacement location.
Contact with San Diego Central Relocation indicates that spe
assistance figures will be available as soon as the relocate have provided verification of information utilized in detem
ing eligibility.
The McChesney case costs were included when the Fourth Year grant was approved. Therefore, this case can be handled rm
The Moreno case costs were not included as a part of the Har Center project and will therefore have to be obtained flrom E
source other than project funds.
As soon as 3: have final figures on the Moreno case, I will forward them to you for direction,
-
JH:jd
3/12/79