HomeMy WebLinkAboutAGENDA REPORT 2024 1106 CCSA REG ITEM 10ECITY OF MOORPARK, CALIFORNIA
City Council Meeting
of November 6, 2024
ACTION ADOPTED RESOLUTION NO.
2024-4282. (ROLL CALL VOTE: 4-0,
COUNCILMEMBER CASTRO ABSENT)
BY A. Hurtado.
E. Consider Resolution Granting Easement to Ventura County Waterworks District
No.1 at Glenwood Park and Making a Determination of Consistency with the
Previously Adopted Mitigated Negative Declaration Pursuant to the California
Environmental Quality Act in Connection Therewith. Staff Recommendation: Adopt
Resolution No. 2024-4282 approving the grant of easement to Ventura County
Waterworks District No. 1 at Glenwood Park, subject to final language approval by
the City Manager and City Attorney and making a determination of consistency
with the previously adopted Mitigated Negative Declaration pursuant to the
California Environmental Quality Act. (Staff: Jeremy Laurentowski, Parks and
Recreation Director) (ROLL CALL VOTE REQUIRED)
Item: 10.E.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Jeremy Laurentowski, Parks and Recreation Director
DATE: 11/06/2024 Regular Meeting
SUBJECT: Consider Resolution Granting Easement to Ventura County
Waterworks District No. 1 at Glenwood Park and Making a
Determination of Consistency with the Previously Adopted Mitigated
Negative Declaration Pursuant to the California Environmental Quality
Act in Connection Therewith
BACKGROUND AND DISCUSSION
During the development of Residential Planned Development No. 2021-01, Beltramo
Ranch by KB Homes (KB), KB requested that the City consider granting a 30’ wide
easement to Ventura County Waterworks District No. 1 (VCWD) through Glenwood Park
in order to construct a water line and sewer line that would serve the future development
project. The primary reason for the easement is to satisfy a requirement from VCWD to
construct a looped water system. The water line will connect the new Beltramo Ranch
development to an existing water line located at Los Angeles Avenue to the north of the
project and will also connect to an existing water line at the corner of Harvester Street
and Elderberry Avenue to the southwest, ultimately through Glenwood Park to complete
the looped system. Additionally, a new sewer line will be installed in the same easement
and will connect the development to an existing sewer line, also at the corner of Harvester
Street and Elderberry Avenue.
The location of the proposed easement is at the northeast corner of the park, between
the existing basketball court and an adjacent home on Elderberry Ave nue. The area is
currently installed with bark mulch, as the turf was removed during the turf removal project
that was completed in response to the drought in 2015. Directly north of the location is a
turf mound with several existing mature Sycamore trees that is used for picnicking and
other passive uses. The turf area and existing trees will not be im pacted by the
construction of the water line or sewer line and will remain in place. However, the
easement will limit the construction of any future amenities, other than passive type uses
such as walkways, benches, and turf play areas.
Item: 10.E.
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Honorable City Council
11/06/2024 Regular Meeting
Page 2
Because the easement would limit the City’s ability to develop this area of the park for
future active uses, Resolution No. 2022-4117 approving Vesting Tentative Tract Map
2021-02, includes Condition of Approval (COA) No. 32 related to a requirement for KB to
pay a fee equal to the value of the 30’ easement.
32) Prior to or concurrently with the issuance of a Zoning Clearance,
applicant shall pay a fee equal to the appraised value of the waterline
easement over portion of Glenwood Park. Applicant to provide appraisal
paperwork for review by the Community Development Director and
Public Works Director. [COD, PW & CA]
Recently, an appraisal was submitted by KB and determined that the value of the
easement was equal to $41,019. However, it was discovered during a peer review
completed by a third-party consultant hired by the City that the appraised value of the
easement as provided cannot be relied upon. Staff uncovered several inaccuracies with
the appraisal, such as the use of outdated methodology, an unsupported analysis of
severance damages, and an expired appraiser’s license, among other concerns.
Because the easement is a critical and time sensitive component necessary for the
development of the Beltramo Ranch project, staff informed the developer that a deposit
of $100,000 would be needed to move the easement forward until such a time that an
agreed upon appraised valuation can be determined. Although the deposit amount is
considerable, it will allow the City to grant the easement to the County with confidence
that the easement value will be fully covered prior to receiving an approved appraisal.
The easement legal description has been prepared by KB and reviewed and approved
by the City and the County of Ventura Public Works Department. The proposed easement
is consistent with the adopted 2050 General Plan in that it will facilitate the provision of
required water and sanitary infrastructure to an approved residential development . Staff
is recommending that the City Council approve the Resolution granting the easement
through Glenwood Park to VCWD.
ENVIRONMENTAL DETERMINATION
Pursuant to the California Environmental Quality Act (CEQA), the City Council adopted a
Mitigated Negative Declaration (MND) on July 20, 2022, that analyzed the environmental
impacts associated with the development of the Beltramo Ranch Project, including the
proposed grant of easement. The MND determined that there are no significant impacts
with the inclusion of specific mitigation measures identified in the MND Mitigation
Monitoring and Reporting Program. The proposed granting of the easement does not
present any new or additional environmental impacts beyond what has been previously
analyzed. Therefore, this action remains consistent with the previously-adopted MND
and no further environmental documentation is required pursuant to CEQA Guidelines
Section 15162.
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Honorable City Council
11/06/2024 Regular Meeting
Page 3
FISCAL IMPACT
There are no direct costs associated with granting the easement to VCWD. A deposit of
$100,000 was paid by KB to cover the cost of the fee for the value of the easement. Staff
will refund the developer any overage paid towards the fee upon receipt of an approved
appraisal, and subsequent approval by the City Council.
STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED)
Adopt Resolution No. 2024 -_____ approving the grant of easement to Ventura County
Waterworks District No. 1 at Glenwood Park, subject to final language approval by the
City Manager and City Attorney and making a determination of consistency with the
previously adopted Mitigated Negative Declaration pursuant to the California
Environmental Quality Act.
Attachment 1: Draft Resolution No. 2024- ____
Attachment 2: Easement Location
92
RESOLUTION NO. 2024-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING A GRANT OF
EASEMENT TO VENTURA COUNTY WATERWORKS
DISTRICT NO. 1 FOR CONSTRUCTION AND
MAINTENANCE OF A WATER LINE AND SANITARY
SEWER CONNECTION AT GLENWOOD PARK AND
MAKING A DETERMINATION OF CONSISTENCY WITH
THE PREVIOUSLY ADOPTED MITIGATED NEGATIVE
DECLARATION PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT IN CONNECTION
THEREWITH
WHEREAS, the City of Moorpark is the owner of APN 504-0-021-185, commonly
referred to as Glenwood Park; and
WHEREAS, KB Homes is the Developer of the Beltramo Ranch by KB Homes
Project (KB Homes), which has been approved a Residential Planned Development
(RPD) 2021-01; and
WHEREAS, KB Homes is required to provide a public water and sewer line that
will serve the future development; and
WHEREAS, in order for KB Homes to construct the water and sewer connection,
a 30-foot wide easement over/under City property needs to be granted to Ventura County
Waterworks District No. 1 (VCWWD No. 1) who will be the ultimate owner of the water
and sewer facilities; and
WHEREAS, CITY is willing to provide the easement subject to the requirements of
the easement deed; and
WHEREAS, on July 20, 2022, the City Council adopted Resolution No. 2022-4117
approving a Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program associated with the Beltramo Ranch Development (RPD 2021-01 and Vesting
Tentative Tract Map No. 2021-01) for a residential project consisting of 47 single-family
home and associated site improvements on 7.4 acres of property.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DETERMINATION. The City Council concurs
with the Community Development Director that the proposed grant of easement is
consistent with, and within the scope of, the Mitigated Negative Declaration (MND)
adopted for the Beltramo Ranch Development. Thus, no subsequent environmental
review is required pursuant to CEQA Guidelines Section 15162 for the following reasons
set forth below:
ATTACHMENT 1
93
Resolution No. 2024-____
Page 2
A. On July 20, 2022, the City Council adopted Resolution No. 2022-4117
approving a MND and Mitigation Monitoring and Reporting Program (MMRP)
for the Project. The Community Development Director reviewed the MND
and has determined that the proposed easement and improvements are
consistent with the development analyzed in the MND, and that the Project
does not involve new information of substantial importance which shows that
the Project would have significant effects not discussed in the approved MND.
Therefore, all potential environmental impacts associated with the Project are
adequately addressed by the MND, and the mitigation measures contained
in the MMRP will reduce those impacts to a level that is less than significant.
B. Based upon the whole of the record before it and its independent review and
judgment, the City Council concurs with staff and finds that the Project is not
subject to further environmental review pursuant to CEQA Guidelines
Section 15162 because:
a. The Project and circumstances under which the Project is undertaken
do not involve substantial changes which would result in new significant
environmental effects not discussed in the MND; and
b. All potential environmental impacts associated with the Project are
adequately addressed by the MND, and those mitigation measures
contained in the MMRP will reduce those impacts to a level that is less
than significant.
The custodian of records for the MND, and all other materials that constitute the
record of proceedings upon which the determination is based, is the Community
Development Department. Those documents are available for public review with the City
of Moorpark, Community Development Department, 323 Science Drive, Moorpark,
California, 93021.
SECTION 2. The proposed grant of easement is consistent with the 2050 General
Plan in that it will facilitate the provision of required water and sanitary infrastructure to an
approved residential development.
SECTION 3. Based on the findings contained herein, the City Council approves
the grant of easement to the Ventura County Waterworks District No. 1 at Glenwood Park
for construction and maintenance of water and sewer connection, attached hereto as
Exhibit A, and authorizes the Mayor to sign the Easement Agreement.
94
Resolution No. 2024-____
Page 3
SECTION 4. 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 6th day of November, 2024.
________________________________
Chris R. Enegren, Mayor
ATTEST:
___________________________________
Ky Spangler, City Clerk
Exhibit A – Grant of Easement
95
Resolution No. 2024-____
Page 4
Exhibit A
[Grant of Easement]
96
-1-
RECORDING REQUESTED BY,
AND WHEN RECORDED MAIL TO:
County of Ventura
Real Estate Division
800 South Victoria Avenue
Ventura, CA 93009
Copy to:
City of Moorpark
323 Science Drive
Moorpark, CA 93021
Attn: City Clerk
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Exempt from recording fees under Government Code Section 27383.
GRANT OF EASEMENT
FOR VALUABLE CONSIDERATION, the receipt of which is hereby
acknowledged, the CITY OF MOORPARK (“Grantor”) hereby grants to the County of
Ventura, Waterworks District #1 (“Grantee”), a perpetual, nonexclusive easement to
install, construct, enlarge, survey, reconstruct, remove and replace, operate, maintain,
repair, improve and relocate water and sewer pipeline(s) and necessary devices and
appurtenances thereto (“Pipeline(s)”) in and on that certain real property in the County of
Ventura, State of California, described in Exhibit “A” and depicted on Exhibit “B” attached
hereto (such rights being described hereafter as the “Easement” and the area affected
thereby, the “Easement Area”).
Grantee accepts the Easement Area in its current “AS IS” condition, without
representation or warranty, express or implied, and subject to all matters or records and
all matters that would be disclosed by a diligent inspection.
The Pipeline(s) and every part thereof shall be confined to the Easement Area and
shall be constructed by Grantee with sufficient ground cover (i.e., distance between
ground surface and top of Pipeline(s)) as shown on the construction plans for the
Pipeline(s)), as determined in good faith by Grantor.
The Easement includes (a) the right to reasonably enter the Easement Area to
reasonably survey, construct, reconstruct, lay, relay, maintain, operate, control, use and
remove the Pipeline(s), fixtures, appurtenances, and to remove objects interfering with
the construction, operation and maintenance thereof; and (b) a reasonable right of access
across Grantor’s adjacent property to and from the Easement Area for the purpose of
exercising the rights granted herein. The Easement is being granted after certain
improvements have been made. Grantee understands that any curbs, gutters or
sidewalks disturbed as a part of Grantees operations on the Pipelines, shall be replaced
Resolution No. 2024-____
Page 5
97
-2-
by Grantee, to the satisfaction of the Grantor, at Grantee’s expense. Due to the location
of the Easement, Grantor requires thirty (30) days advance notice of Grantee’s routine
maintenance or replacement operations on the Pipelines. Grantee shall notify Grantor of
operations on the Pipelines due to an emergency situation as soon as reasonably
possible.
Grantor reserves the right to occupy and use Grantor’s Property for any purpose
not inconsistent with the rights and privileges above granted and which will not interfere
with or endanger the Pipeline(s) or the use thereof. Grantee shall use due care in th e
construction, operation and maintenance of the Pipeline(s). Grantee shall obtain and
maintain reasonable liability insurance for the Easement Area naming Grantor as
additional insured, and prior to using the Easement Area shall provide reasonable
evidence thereof to Grantor (and thereafter shall provide such evidence promptly upon
written request by Grantor).
Grantee shall defend, indemnify and hold Grantor harmless from and against any
and all claims, liabilities, damages, losses, costs and expenses incurred or suffered by
Grantor as a direct or indirect result of Grantee’s use of the Easement Area or access
thereto.
This Grant of Easement is intended to encumber the Easement Area and bind
Grantor and Grantor’s successors-in-interest to the Easement Area.
GRANTOR:
CITY OF MOORPARK
Chris R. Enegren, Mayor
Attest:
Ky Spangler, City Clerk
Resolution No. 2024-____
Page 6
98
EXHIBIT "A"
DESCRIPTION OF EASEMENT AREA
Resolution No. 2024-____
Page 7
99
PAGE 1 O F 2
EXHIBIT “A”
LEGAL DESCRIPTION
THAT PORTION OF LOT 37, FREMONT SUBDIVISION OF LOT L OF RANCHO SIMI IN
THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA, PER MAP
RECORDED IN BOOK 3, PAGE 39 OF MISCELLANEOUS RECORDS (MAPS) IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING A PORTION OF THE
LAND DESCRIBED IN THE GRANT DEED RECORDED APRIL 9, 1979 IN BOOK 5363,
PAGE 398 OF OFFICIAL RECORDS IN SAID OFFICE OF THE COUNTY RECORDER,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LAND DESCRIBED IN BOOK
5363, PAGE 398 OF OFFICIAL RECORDS; THENCE NORTHERLY ALONG THE
EASTERLY LINE OF SAID LAND DESCRIBED IN BOOK 5363, PAGE 398 OF OFFICIAL
RECORDS, NORTH 194.75 FEET TO THE TRUE POINT OF BEGINNING; THENCE
LEAVING SAID EASTERLY LINE
1st: WEST 106.97 FEET; THENCE
2nd: NORTH 40°00'00" WEST 46.33 FEET TO THE SOUTHEASTERLY LINE OF
ELDERBERRY AVENUE AS SHOWN ON TRACT NO. 3841-2 RECORDED IN BOOK 95,
PAGE 21 OF MISCELLANEOUS RECORDS (MAPS) ALSO BEING THE BEGINNING OF A
NON-TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 84.50
FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 28°39'36" WEST;
THENCE ALONG SAID SOUTHEASTERLY LINE
3RD: NORTHEASTERLY THROUGH A CENTRAL ANGLE OF 20°27'14" AN ARC LENGTH
OF 30.17 FEET TO A POINT ON A LINE PARALLEL WITH AND 30.00 FEET
NORTHEASTERLY OF THE 2ND COURSE DESCRIBED HEREIN, RADIAL LINE TO SAID
LAST MENTIONED POINT ON SAID CURVE BEARS NORTH 49°06'51" WEST; THENCE
NON-TANGENT TO SAID CURVE, LEAVING SAID SOUTHEASTERLY LINE ALONG
SAID PARALLEL LINE
4TH: SOUTH 40°00'00" EAST 31.76 FEET TO A LINE PARALLEL WITH AND 30.00 FEET
NORTHERLY OF THE 1ST COURSE DESCRIBED HEREIN; THENCE ALONG LAST SAID
PARALLEL LINE
5TH: EAST 92.98 FEET TO SAID EASTERLY LINE OF LAND DESCRIBED IN BOOK 5363,
PAGE 398 OF OFFICIAL RECORDS; THENCE ALONG SAID EASTERLY LINE
Resolution No. 2024-____
Page 8
100
PAGE 2 OF 2
EXHIBIT “A”
LEGAL DESCRIPTION
(Continued)
6TH: SOUTH 30.00 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 4,144 SQUARE FEET, MORE OR LESS.
ALL AS SHOWN ON EXHIBIT “B” ATTACHED HERETO AND MADE A PART HEREOF.
DATED: _________________, 2024
____________________________________
Danny T. Davis, P.L.S. # 7586
October 16
Resolution No. 2024-____
Page 9
101
EXHIBIT "B"
DEPICTION OF EASEMENT AREA
(Attached)
Resolution No. 2024-____
Page 10
102
SCALE: 1"=80'
0 80 160
LINE DATA
CURVE DATA
EL
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B
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A
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EXHIBIT "B"
LEGEND AND ABBREVIATIONS:
5363 O.R. 398
HARVESTER
STREET
POR. OF LOT 37
FREMONT TRACT 3 MR 39
LOT 191
LOT 190
LOT 189
LOT 188
(R1)
(R1)
(R1)
(R1)
LOT 187
(R1)
LOT 186
(R1)
LOT 185
(R1)
LOT 162
(R1)
10-16-24
THAT PORTION OF LOT 37, FREMONT SUBDIVISION OF LOT L OF RANCHO SIMI IN THE CITY OF
MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA, PER MAP RECORDED IN BOOK 3, PAGE 39
OF MISCELLANEOUS RECORDS (MAPS) IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
DESCRIBED IN DEED RECORDED APRIL 9, 1979 IN BOOK 5363, PAGE 398 OF OFFICIAL RECORDS IN
~ SAID OFFICE OF THE COUNTY RECORDER
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SOUTHEAST CORNER
5363 O.R. 398
SHEET 1 OF 1
L 1 -Noo·oo·oo"E
L2 -N9o·oo·oo"W
L3 -N4o·oo·oo"W
L4 -s4o·oo·oo"E
L5 -N9o·oo·oo"E
L6 -soo·oo·oo"W
194.75'
106.97'
46.33'
31.76'
92.98'
30.00'
C1 -L=30.17', R=84.50', !1=20•27• 14"
N -NORTH
E -EAST
W -WEST
S -SOUTH
MR -MISCELLANEOUS RECORDS (MAPS)
{RAD) -RADIAL
POB -POINT OF BEGINNING
TPOB -TRUE POINT OF BEGINNING
~ -CENTER LINE
R/W -PUBLIC RIGHT OF WAY
[Z21-DESCRIBED AREA
(4,144 SQ. FT.)
R1 -95 MR 21 (TRACT 3841-2)
DATE
Resolution No. 2024-____
Page 11
103
1"=66ft Sub Title 10/29/2024
Thi s map may represents a visual display of related geographic infonnation. Data provided here on is not gua rantee of actual field conditions. To be sure of complete accoracy, please contact the
responsible staff for most UJ>-lo-date infonnation .
Glenwood Park ATTACHMENT 2
104