HomeMy WebLinkAboutAGENDA REPORT 2020 0603 REG CCSA ITEM 10HCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of June 03, 2020
ACTION Adopted Resolution No. 2020-
3916.
BY B.Garza.
H.. Consider Establishing a Walnut Canyon Traffic Noise Attenuation Fund (2020);
and a Resolution Amending the Fiscal Year 2019/20 Budget for the Receipt of
Mitigation Funds from the Newhall Ranch Specific Plan and EIR. Staff
Recommendation: Approve Resolution No. 2020-3916 authorizing the creation of
the Walnut Canyon Traffic Noise Attenuation Fund (2020) and amending the
Fiscal Year 2019/20 Budget. (ROLL CALL VOTE REQUIRED) (Staff: Shanna
Farley-Judkins)
Item: 10.H.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Karen Vaughn, Community Development Director
BY: Shanna Farley-Judkins, Principal Planner
DATE: 06/03/2020 Regular Meeting
SUBJECT: Consider Establishing a Walnut Canyon Traffic Noise Attenuation
Fund (2020); and a Resolution Amending the Fiscal Year 2019/20
Budget for the Receipt of Mitigation Funds from the Newhall Ranch
Specific Plan and EIR
SUMMARY
The City is in receipt of funds resulting from the Newhall Ranch Specific Plan (NRSP), a
project located in the northwestern area of unincorporated County of Los Angeles, near
Santa Clarita, California. The funds are a result of a court mandated analysis which
occurred following the Environmental Impact Report (EIR) for the NRSP and are
intended to be represent a proportional contribution toward a noise attenuation program
for homes located along Walnut Canyon Road (State Route 23) between Meridian Hills
Parkway and Casey Road. The City does not currently have a noise attenuation
program for which the funds could be used; therefore a new interest-bearing holding
account needs to be created. The City would hold the funds until such time a program
is created, and the funds could be expended for their intended use.
BACKGROUND
On March 23, 1999, the Los Angeles County Board of Supervisors certified the Final
Environmental Impact Report (EIR) for the NRSP and approved the Newhall Ranch
Specific Plan. The Project included various entitlements to allow the development of a
new community outside of Valencia, which would encompass approximately 11,963
acres. Certification of the EIR was challenged (Vega et al. V. County of Los Angeles et
al.) and the final judgment required portions of the EIR to be redone. Relative to
Moorpark, additional analysis was required to evaluate the project's impacts on Ventura
County arterial roadways exiting State Routes 23 and 126. The analysis found no
significant impacts; despite this the City and property owner discussed potential impacts
Item: 10.H.
634
Honorable City Council
06/03/2020 Regular Meeting
Page 2
and an agreement was reached whereby each residential unit within the project would
provide a fair-share payment toward a noise attenuation program for homes located
along Walnut Canyon Road was included in the Final EIR. The resulting “FINAL
Additional Analysis Mitigation Monitoring Plan, March 2003” requires the following of
NRSP:
“Despite the absence of a significant impact, the applicant for all building
permits of Residential, Mixed-Use, Commercial and Business Park land
uses (Project) shall participate on a fair-share basis in noise attenuation
programs developed and implemented by the City of Moorpark to
attenuate vehicular noise on SR-23 just north of Casey Road for the
existing single family homes which front SR-23. The mitigation criteria
shall be to reduce noise levels to satisfy State noise compatibility
standards. The project's pro rata share shall be determined by multiplying
the estimated cost of attenuation by the ratio of the project's estimated
contribution of average daily trips on SR-23 (ADT) north of the intersection
of SR-23 and Casey Road (numerator) to the total projected cumulative
ADT increase at that location (denominator). The total projected
cumulative ADT increase shall be determined by subtracting the existing
trips on SR-23 north of Casey Road from the projected cumulative trips as
shown in Topical Response 5 - Traffic Impacts to State and Local Roads
in Ventura County after adding the total Newhall Ranch ADT traveling
south of the City of Fillmore.”
On May 8, 2020, the developer submitted a letter, check for $25,644.62 and supporting
documents purporting to meet the requirements of the mitigation measure
(Attachment 1). On May 12, 2020, the City sent a letter to the developer acknowledging
receipt of the funds (Attachment 2).
DISCUSSION
As a result of the developers obligation to meet the requirements within the NRSP EIR,
and the City’s consideration of such requirement noted in the City’s letter to the
developer, creation of a fund account is required to hold the resulting funds until such
time that a program is developed for traffic noise attenuation along Walnut Canyon
Road. Since the City currently does not have a noise attenuation program, the
developers estimated responsibility is intended to meet the obligations set forth in the
mitigation program for NRSP to proceed with its development. At such time that the
City develops and implements a traffic noise attenuation program, the funds acquired
from the developer would be expended. As noted in the City’s letter to the developer,
the payment held in the fund may not sufficiently address the requirements of the NRSP
EIR and adjustment to the developer’s participation may be warranted, which may
require additional payment by or a refund to the developer.
635
Honorable City Council
06/03/2020 Regular Meeting
Page 3
Staff is requesting City Council approve the creation of Walnut Canyon Traffic Noise
Attenuation Fund (2020) designated as a Special Revenue fund to manage program
fees and interests; and restrict use of money for traffic noise reduction purposes. To
track the receipt from NRSP and future interests tied to the City’s rate of return on
monies invested in the Local Agency Investment Fund (LAIF), cost center P0050 will be
established as Walnut Canyon Mitigation NRSP. At fiscal year-end accounting entries
shall be processed to move the fund balance attributable to the NRSP fee and future
interests to the Restricted Fund Balance – Walnut Canyon Area account (2020-000-
P0050-33061).
FISCAL IMPACT
A revenue budget amendment of $25,645 will be required to match the receipt of fees
for Fiscal Year 2019/20.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED)
Approve Resolution No. 2020-____ authorizing the creation of the Walnut Canyon
Traffic Noise Attenuation Fund (2020) and amending the Fiscal Year 2019/20 Budget.
Attachment 1: Letter from Newhall Land and Farming Company dated May 6, 2020
Attachment 2: Letter from City of Moorpark acknowledging receipt of funds, dated
May 12, 2020
Attachment 3: Draft Resolution No. 2020-_____
attach
636
May 6, 2020
Troy Brown
City Manager
City of Moorpark
799 Moorpark Ave.
Moorpark, CA 93021
FI f) E PO INT.
Re: Newhall's Fair Share Payment Pursuant to MM 4.9-16
Dear Mr. Brown:
RECEIVED
t,1AY O O 2020
As we have discussed, The Newhall Land and Fanning Company is interested in fully
satisfying its compliance obligation under the Newhall Ranch Specific Plan Mitigation
Measure 4. 9-16. The City of Moorpark has also indicated that there is no noise attenuation
program in place. However, we have engaged Meridian Consultants to prepare a conservative
calculation of noise attenuation compliance costs to satisfy MM 4.9-16 based on the Specific
Plan EIR (Meridian helps manage mitigation compliance for the Specific Plan EIR). The
calculation results in an estimated total compliance obligation of $25,644.62 for Newhall, which
payment to the City of Moorpark is enclosed.
MM 4.9-16 requires that ''[d]espite the absence of a significant impact," Newhall pay the
City for its "fair-share [ of the cost for] noise attenuation programs developed and implemented
by the City of Moorpark to attenuate vehicular noise for the existing single family homes which
front SR-23 .... by the ratio of the project's estimated contribution of average daily trips on SR-
23 (ADT) north of the intersection of SR-23 and Casey Road (numerator) to the total projected
cumulative ADT increase at the location (denominator)." Because the City has not developed a
noise attenuation program, for purposes of satisfying compliance with this mitigation measure,
Meridian estimated the attenuation compliance costs based on building 6-foot high masonry
sound attenuation walls on each parcel.
As demonstrated in the attached memorandum by Meridian, Exhibit A, Newhall' s pro
rata share of compliance as defined in MM 4.9-16 is $25,644.62 ($97,360 Cost x Pro Rata of
26.3 4%) based on the traffic volume information contained in Table 1 of Topical Response 5 of
the Newhall Ranch Specific Plan Final EIR and estimates about the scope of the sound wall.
This amount ($25,644.62) is based on paying prevailing wages and conservatively accounts for
the full buildout of the Newhall Ranch Specific Plan.
Accordingly, the enclosed payment of $25,644.62 fully satisfies all ofNewhall's
obligation to the City pursuant to MM 4.9-16 for the Newhall Ranch Specific Plan.
25124 Springfield Court, #300, Volencia, CA 91355 I livepoint.com
ATTACHMENT 1
637
Please feel free to contact me with any questions at (661) 255-4045.
Sincerely ,
Community Development Director
The Newhall Land and Farming Company , a
subsidiary of Five Point Operating Company, LP
2
638
Exhibit A
Meridian Consultants: Newhall Ranch Specific Plan EIR Mitigation Measure 4.9-16
Compliance Costs Calculations
3
639
LOS ANGELES
706 S. Hill Street, 11th Floor
Los Angeles, CA 90014
(213) 335-3434
W ESTLAKE VILLAGE
920 Hampshire Road, Suite AS
Westlake Village, CA 91361
(805) 367-5720
Newhall Ranch Specific Plan Final EIR Mitigation Measure 4 .9-16
SR-23 Moorpark Cumulative Traffic Noise Mitigation
Mitigation Measure
Mitigation Measure SP 4.9 -16 in the Newhall Ranch Specific Plan Final EIR defines the following mitigation
obligation for the Newhall Ranch Specific Plan project:
SP 4.9-16 Despite the absence of a significant impact, applicants for aU building permits of Residential,
Mixed-Use, Commercial, and Business Park land uses (Project) shall participate on a fair-share basis in
noise attenuation programs developed and implemented by the City of Moorpark to attenuate vehicular
noise for the existing single family homes which front SR-23. The mitigation criteria shall be to reduce
noise levels to satisfy state noise compatibility standards . The project's pro rata share shall be
determined by multiplying the estimated cost of attenuation by the ratio of the project's estimated
contribution of average daily trips on SR -23 (ADT) north of the intersection of SR-23 and Casey Road
(numerator) to the total projected cumulative ADT increase at the location (denominator). The total
projected cumulative ADT increase shall be determined by subtracting the existing trips on SR -23 north
of Casey Road from the projected cumulative trips as shown in Table 1 of Topical Respon se 5 -Traffic
Impacts to State and Local Roads in Ventura County after adding the total Newhall Ranch ADT traveling
south of the City of Fillmore.
Hornes in Moorpark on SR-23
The attached figures show the existing homes located north of the intersection of Casey Road and SR-23
(Walnut Canyon Road), south of the Moorpark Country Club Estates community, and we st of SR -23 in
Moorpark. For reference purposes, the exi sting homes have been grouped into four groups, Groups A -D,
as identified on the attached figures.
Mitigation Measure SP 4 .9-16 applied to existing homes at the time the measure wa s adopted, which include s
the 31 existing home s located between the intersection of Ca sey Road and SR -23 (Walnut Canyon Road) and
south of the Moorpark Country Club Estates community.1 (See attached figures.) The homes have direct
driveway acce ss and variable setbacks from SR -23 as shown in the attached figure s.
Meridian Consultants con servatively estimated compliance co sts for SP 4.9 -16 ba sed on the full buildout of
Newhall Ranch, i.e., Meridian con servatively assum ed full buildout would happen immediately even though
buildout actually would occur over many years. Traffic noi se from SR -23 can be attenuated by con structing
1 Th e Moo rp ark Co untry Club Est at es pro j ec t bega n develo pm ent in 200 2, after Miti ga ti o n M eas ure SP 4.9-16 was adop t ed;
th er efore, th e hom es w er e not co nsid er ed ex istin g r es id ences at th e tim e thi s mitigatio n m eas ure approve d by Los An ge les
Co unty. Th ese ho m es adj ace nt t o SR-23 h ave r ea r maso nry w all s th at prov id e sound attenu ati o n.
640
SR-23 Moorpark
Cumulative Traffic Noise Mitigation
Page 2
sound walls on these parcels. Meridian estimated the cost of a sound attenuation program for these homes
based on assuming the construction of 6-foot high masonry sound attenuation walls on each parcel.
A maximum wall length was determined for each parcel containing an existing home based on the frontage
of each parcel on SR-23 and location of existing driveways as presented below:
Sound Wall Estimates for Existing Homes Covered by SP 4.9-16
Group A 1 =soft.
358 Total Feet 2 = 65 ft.
3= 25 ft.
4 = 32 ft.
5 = 56 ft.
6 = 45 ft.
7 = 40 ft.
8 = 48 ft.
9 = 40 ft.
Group C 1 = 36 ft.
231 Total Feet 2 = 37 ft.
3 = 38 ft.
4 = 40 ft.
5 = 37 ft.
6 = 43 ft.
Grand Total Groups A-D = 1,164 feet
Group B 1 = 40 ft.
236 Total Feet 2 = 50 ft.
3 = 36 ft
4 = 34 ft
5 = 36 ft.
6 = 40 ft.
Group D 1 = 28 ft
339 Total Feet 2 = 37 ft.
3 = 38 ft.
4 = 40 ft.
5 = 32 ft.
6 = 43 ft.
7 = 25 ft
8 = 33 ft.
9 = 30 ft.
10 = 43 ft.
Assuming prevailing wage applies, the cost per linear foot for construction of a 6-foot high masonry sound is
$80 2 • Based on this cost per linear foot, the total cost to construct 1,217 linearfeet of 6-foot high sound walls
would be $97,360. The pro-rata share of this cost attributable to the Newhall Ranch Specific Plan project as
defined in Mitigation Measure SP 4.9-16 is $25,644.62 ($97,360 Cost x Pro Rata percentage of 26.34) based
on the traffic volume information contained in Table 1 of Topical Response 5 in the Specific Plan EIR, which
has been summarized here for reference.
Traffic Data from the Specific Plan Final EIR -Table 1 of Topical Response 5
Existing ADT (as provided in the Specific Plan Final EIR, Topical Response 5) 7,100
2025 Without Project ADT 15,760
Cumulative Increase ADT 8,660
Newhall Ranch ADT 3,096
Cumulative plus Newhall Ranch ADT 11,756
Newhall Ranch % of Cumulative plus Newhall Ranch 26.34%
2 Hunsaker Associates, cost per linear foot based on prevailing wage.
641
-Proposed 6' So und Walls
~ 0 125 250 500
® APPROXIMATE SCALE IN FEET
SOURCE: Ci ty of Moorpark , Zon in g Map -2008; Google Earth -2019
SR-23 Existing Homes
642
~
RE-SAC
SOURCE: City of Moorpark , Zoning Map -200 8
SR-23 Vacant Parcels I
643
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CITY OF MOORPARK CITY MANAGER'S OFFICE I 799 Moorpark Avenue, Moorpark, California 93021 Main City Phone Number (805) 517-6200 I Fax (805) 532-2528 I moorpark@moorparkca.gov May 12, 2020
Sandy Sanchez
Community Development Director
The Newhall Land and Farming Co, a
Subsidiary of Five Point Operating Company, LP
25124 Springfield Court, #300
Valencia, CA 91355
RE: Newhall Land and Farming Company Fair-Share Payment Pursuant to MM 4.9-16
Dear Ms. Sanchez:
The City of Moorpark is in receipt of your letter and check in the amount of $25,644.62 as a
fair-share contribution pursuant to the Newhall Ranch Specific Plan Mitigation Measures 4.9-
16.As noted in your correspondence, Newhall Land and Farming Company (Newhall) has an
obligation, "despite the absence of a significant impact" to pay the City of Moorpark its "fair
share" cost for sound attenuation programs developed by the City for sounds from vehicles
traveling on Walnut Canyon Road.
The City of Moorpark has not analyzed, developed, nor sought approval from the City Council
on a fully implementable sound attenuation program. However, at some point in the future the
City will undertake an effort to develop a sound attenuation program that serves to reduce
noise to residents who reside on Walnut Canyon Road between Meridian Hills Drive to the
north and Casey Road to the south.
In an effort to fully satisfy Newhall's obligation to pay its fair-share contribution to the sound
attenuation program, Five Point Operating Company, LP (Five Point) enlisted Meridian
Consultants to prepare the calculations for construction of a sound wall along this corridor.
Five Point then applied a fair-share contribution toward the construction of the sound wall and
forwarded this amount to the City to fully satisfy all future requirements for this project.
While I appreciate the effort involved in developing an amount to forward to the City to satisfy
all requirements, as previously mentioned the City has not developed a sound attenuation
program. At such time that a sound attenuation program is developed that meets the needs of
residents and the City, the costs for said program will be borne by parties that create impacts
on Walnut Canyon Road.
It is not known what the City's sound attenuation program will consist of, so at this time Five
Point cannot fully satisfy the· requirement for all future phases of Newhall Ranch. Should
overall costs for the program come in higher than the calculations Meridian Consultants
prepared in their sound wall analysis, future phases of Newhall Ranch will be required to pay
their fair-share contribution toward the program. Fortunately, the inverse holds true and if JANICE S. PARVIN Mayor CHRIS ENEGREN Councilmember ROSEANN MIKOS, Ph.D. Councilmember DA YID POLLOCK Council member KEN SIMONS Councilmembcr ATTACHMENT 2
645
program costs come in lower than the calculations Meridian Consultants prepared in their
sound wall analysis, the City will refund any overages back to Five Poiht.
Fees for the City of Moorpark's Sound Attenuation program would be due prior to building
permit. Should the City adopt this fee in the future, Newhall will be notified of such with an
explanation outlining program costs. That notification will serve to inform Newhall that units
within current and/or future phases may be subject to the fee at that time.
The funds will be held in an interest bearing account with the City until such time as they are
drawn down. The interest rate will be tied to the City's return rate on monies in the Local
Agency Investment Fund (LAIF).
· Thank you again for your work in seeking final resolution to this· matter. Feel free to contact
me with any questions you may have. I can be reached at {805) 517-6212 during regular
business hours.
Sincerely,
~
T~,,....______
City Manager
cc: Kabmiz Borhani, Finance Director
Karen Vaughn, Community Development Director
646
ATTACHMENT 3
RESOLUTION NO. 2020-_____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AUTHORIZING THE CREATION
OF WALNUT CANYON TRAFFIC NOISE ATTENUATION
FUND (2020), AND AMENDING THE FISCAL YEAR 2019/20
BUDGET REVENUE BY $25,645 FOR RECEIPT OF
MITIGATION FEES FROM THE NEWHALL LAND AND
FARMING COMPANY
WHEREAS, on March 23, 1999, the Los Angeles County Board of Supervisors
certified the Final Environmental Impact Report (EIR) for the Newhall Ranch Specific
Plan (NRSP) and Water Reclamation Plant (WRP) and approved the Newhall Ranch
Specific Plan. The Project included various entitlements to allow the development of a
new community outside of Santa Clarita, California, which would encompass
approximately 11,963 acres. Certification of the EIR was challenged (Vega et al. V.
County of Los Angeles et al.) and the final judgment required portions of the EIR to be
redone.
WHEREAS, the revised Final EIR and adopted Mitigation Monitoring Plans for the
Specific Plan and WRP dated March 2003, provided for SP-4.9-16: “Despite the absence
of a significant impact, the applicant for all building permits of Residential, Mixed-Use,
Commercial and Business Park land uses (Project) shall participate on a fair-share basis
in noise attenuation programs developed and implemented by the City of Moorpark to
attenuate vehicular noise on State Route (SR-23) just north of Casey Road for the existing
single-family homes which front SR-23. The mitigation criteria shall be to reduce noise
levels to satisfy State noise compatibility standards. The Project’s pro-rata share shall be
determined by multiplying the estimated cost of attenuation by the ratio of the Project’s
estimated contribution of Average Daily Trips (ADT) on SR-23 north of the intersection of
SR-23 and Casey Road (numerator) to the total projected cumulative ADT increase at that
location (denominator). The total projected cumulative ADT increase shall be determined
by subtracting the existing trips on SR-23 north of Casey Road from the projected
cumulative trips shown in Topical Response 5 – Traffic Impacts to State and Local Roads
in Ventura County after adding the total Newhall Ranch ADT traveling south of the City of
Fillmore”; and
WHEREAS, on June 19, 2019, the City Council adopted the Operating and Capital
Improvement Budget for Fiscal Year (FY) 2019/20, which excludes mitigation revenues for
traffic noise attenuation programs; and
WHEREAS, on May 8, 2020, the City received a check for $25,644.62 from the
Newhall Land and Farming Company for payment of fair-share contributions for traffic
noise attenuation pursuant to a mitigation measure associated with the Newhall Ranch
Specific Plan Environmental Impact Report; and
647
Resolution No. 2020-____
Page 2
WHEREAS, the City does not have a sound attenuation program toward which
the funds could be deposited; and
WHEREAS, a staff report has been presented to City Council recommending to
create Walnut Canyon Traffic Noise Attenuation Fund (2020) designated as a Special
Revenue fund to manage program fees and interests; and restrict use of money for
traffic noise reduction purposes; and
WHEREAS, until such time a noise attenuation program is developed and
implemented, the cost center P0050 entitled Walnut Canyon Mitigation NRSP will be
established to track the receipt from NRSP and future interests tied to the City’s rate of
return on monies invested in the Local Agency Investment Fund (LAIF). At fiscal year-
end accounting entries shall be processed to move the fund balance attributable to the
NRSP fee and future interests to the Restricted Fund Balance – Walnut Canyon Area
Account (2020-000-P0050-33061) ; and
WHEREAS, a budget amendment of $25,645 to increase revenues will be required
to match the receipt of fees from The Newhall Land and Farming Company.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The creation of Walnut Canyon Traffic Noise Attenuation Fund
(2020) designated as a Special Revenue fund to manage program fees and interests;
and restrict use of money for traffic noise reduction purposes, is hereby approved.
SECTION 2. The budget amendment of $25,645 to increase revenues, as more
particularly described in Exhibit A, is hereby approved.
SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall
cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 3rd day of June, 2020.
________________________________
Janice S. Parvin, Mayor
ATTEST:
____________________________________
Ky Spangler, City Clerk
Attachment: Exhibit A
648
Resolution No. 2020-____
Page 3
FUND BALANCE ALLOCATION:
Fund/Account No.Amount
2020-000-00000-33990 25,645.00$
Total 25,645.00$
REVENUE BUDGET ALLOCATION:
Account Number Current Budget Revision
Amended
Budget
2020-000-P0050-43010 -$ 25,645.00$ 25,645.00$
Total -$ 25,645.00$ 25,645.00$
Fund Description
Walnut Canyon Traffic Noise Attenuation Fund
WALNUT CANYON TRAFFIC NOISE ATTENUATION FUND (2020)
FY 2019/20
FOR MITIGATION FEES RECEIVED FROM
THE NEWHALL LAND AND FARMING CO.
EXHIBIT A
649