HomeMy WebLinkAboutAGENDA REPORT 2025 1105 CC REG ITEM 10ECITY OF MOORPARK, CALIFORNIA
City Council Meeting
of November 5, 2025
ACTION ADOPTED RESOLUTION NO.
2025-4361. (ROLL CALL VOTE:
UNANIMOUS)
BY A. Hurtado.
E. Consider Resolution Granting Sewer Easement to Ventura County Waterworks
District No. 1 at 83 High Street as Part of New Moorpark City Library Project and
Making a Determination of Consistency with the Previously Adopted Final
Environmental Impact Report Pursuant to the California Environmental Quality Act.
Staff Recommendation: Adopt Resolution No. 2025-4361 approving the grant of
easement to Ventura County Waterworks District No. 1 at the New Moorpark City
Library Project (83 High Street), subject to final language approval by the City
Manager and City Attorney and making a determination of consistency with the
previously adopted Final EIR pursuant to the California Environmental Quality Act.
(Staff: Jessica Sandifer, Deputy Parks and Recreation Director) (ROLL CALL
VOTE REQUIRED)
Item: 10.E.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Jessica Sandifer, Deputy Parks and Recreation Director
DATE: 11/05/2025 Regular Meeting
SUBJECT: Consider Resolution Granting Sewer Easement to Ventura County
Waterworks District No. 1 at 83 High Street as Part of New Moorpark
City Library Project and Making a Determination of Consistency with
the Previously Adopted Final Environmental Impact Report Pursuant
to the California Environmental Quality Act
BACKGROUND
During planning and design for the New Moorpark City Library Project, it was discovered
that a 10-inch public sewer line owned by the Ventura County Waterworks District No.1
(VCWWD No. 1) needed to be relocated as part of the project. The sewer line will be
relocated to the west side of the City parcel and reconnect in High Street. The new Library
will also use the newly relocated line for sewer service. Since the sewer line is a public
sewer line, the City of Moorpark needs to grant an easement to VCWWD No. 1 for the
relocated portion of the sewer line to facilitate future maintenance and construction
activities by VCWWD No. 1.
DISCUSSION
The easement and legal description have been prepared by the City’s Architectural Firm
and reviewed by the City and County for accuracy. The easement was prepared by the
County of Ventura Real Estate Division and has been reviewed by the City Attorney. Both
the City and County have approved the easement as submitted. Staff is recommending
that the City Council grant the easement through the New Moorpark City Library site to
VCWWD No. 1.
ENVIRONMENTAL DETERMINATION
The Project has been reviewed in connection with the requirements of the California
Environmental Quality Act (CEQA) (Public Resources Code § 21000, et seq.) and the
State CEQA Guidelines (14 C.C.R. § 15000, et seq.). The Environmental Impact Report
(EIR) prepared for the Project analyzed the potential development and operation of a new
17,272 square foot City library and associated site improvements located at 83 High
Item: 10.E.
121
Honorable City Council
11/05/2025 Regular Meeting
Page 2
Street (“Project Site”), and demolition of the existing 7,900 square foot public library
structure located at 699 Moorpark Avenue (“Project”). The EIR analyzed the potential
environmental impacts from this Project in the areas of: aesthetics, air quality, biological
resources, cultural resources, energy, geology and soils, greenhouse gas emissions,
hydrology and water quality, noise, population and housing, recreation, transportation,
tribal cultural resources, utilities and service systems and wildfire. The EIR concluded
that the Project had the potential to cause potentially significant effects to biological
resources, cultural resources, geology and soils and noise/vibration, but with the
imposition of mitigation measures, the levels of impact to these resources would be
reduced to less than significant impact. No significant and unavoidable impacts were
identified in the Project. The Final EIR (FEIR) was certified by the Moorpark Planning
Commission on February 27, 2024, by Resolution No. PC-2024-706, and a Notice of
Determination was posted with the State Clearinghouse or County Clerk on February 28,
2024. The FEIR was never challenged, is now final, and conclusive in all respects.
The Community Development Director finds, in the exercise of independent judgment and
based on substantial evidence in the whole of the record, that no further environmental
review is required, including pursuant to Public Resources Code Section 21166, or CEQA
Guidelines Sections 15162 or 15163 because (i) the Project will not have new or
substantially more severe impacts than what was disclosed in the FEIR; (ii) all applicable
mitigation measures in the FEIR remain applicable to the Project and have already been
imposed on the Project as a condition of CUP approval (CUP No. CD-CUP-2023-0013);
and (iii) the Project will not require any new mitigation measures and all potential
environmental impacts associated with the Project are adequately addressed by the
FEIR, and the mitigation measures contained in the MMRP will reduce those impacts to
a level that is less than significant.
The construction of the sewer line as proposed is consistent with the previously certified
FEIR. Therefore, no additional environmental review is required pursuant to Section
15162 of CEQA.
FISCAL IMPACT
There is no fiscal impact from this action.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED)
Adopt Resolution No. 2025-____ approving the grant of easement to Ventura County
Waterworks District No. 1 at the New Moorpark City Library Project (83 High Street),
subject to final language approval by the City Manager and City Attorney and making a
determination of consistency with the previously adopted Final EIR pursuant to the
California Environmental Quality Act.
Attachment: Draft Resolution No. 2025-____
122
RESOLUTION NO. 2025-____
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 SANITARY SEWER CONNECTION
AT 83 HIGH STREET AND MAKING A DETERMINATION OF
CONSISTENCY WITH THE PREVIOUSLY ADOPTED
ENVIRONMENTAL IMPACT REPORT PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT IN
CONNECTION THEREWITH
WHEREAS, the City of Moorpark (City) is the owner of APNs 511-0-050-175 and
511-0-050-265, commonly referred to as the New Moorpark City Library; and
WHEREAS, the City is required to relocate a public sewer line that serves most of
north Moorpark and the New Moorpark City Library; and
WHEREAS, in order for the City to relocate the sewer line a 10-foot wide easement
over/under City property needs to be granted to the Ventura County Waterworks District
No. 1 (VCWWD No. 1) who will be the ultimate owner of the sewer facilities; and
WHEREAS, City is willing to provide the easement subject to the requirements of
the easement deed; and
WHEREAS, on February 27, 2024, the Planning Commission adopted Resolution
No. PC-2024-706 certifying the Final Environmental Impact Report (FEIR) for the New
Moorpark City Library Project consisting of construction of a 17,272 square foot City
Library and associated site improvements located at 83 High Street and demolition of the
existing 7,900 square foot public library structure located at 699 Moorpark Avenue.
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 Final Environmental Impact Report (FEIR)
adopted for the New Moorpark City Library Project. Thus, no subsequent environmental
review is required pursuant to CEQA Guidelines Section 15162 for the following reasons
set forth below:
A. On February 27, 2024, the Planning Commission adopted Resolution No.
PC-2024-706 approving a FEIR 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 FEIR,
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 FEIR. Therefore, all potential environmental
impacts associated with the Project are adequately addressed by the FEIR,
ATTACHMENT
123
Resolution No. 2025-____
Page 2
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 FEIR or
substantially more severe impacts than those disclosed in the FEIR;
and
b. All potential environmental impacts associated with the Project are
adequately addressed by the FEIR, and those mitigation measures
contained in the MMRP will reduce those impacts to a level that is less
than significant and remain applicable to the Project pursuant to
Project Approvals.
The custodian of records for the FEIR, 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. Based on the findings contained herein, the City Council approves
the grant of easement to the Ventura County Waterworks District No. 1 at the New
Moorpark City Library (83 High Street) for construction and maintenance of sewer
connection, attached hereto as Exhibit A, and authorizes the Mayor to sign the Easement
Agreement.
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 5th day of November, 2025.
________________________________
Chris R. Enegren, Mayor
ATTEST:
___________________________________
Ky Spangler, City Clerk
Exhibit A – Grant of Easement
124
RW-8/9
1 of 5 (Rev. 9/25)
Recorded at the request of and
Return to:
Public Works Agency
County of Ventura
Attn: Real Estate Services
800 S. Victoria Avenue
Ventura, CA 93009-1640
A. P. #511-0-050-175, 511-0-050-265
Instrument # WWD1 (S) 107.60E
No Fee Required
(Govt. Code Sec. 6103 & 27383)
(Rev. & Tax. Code Sec. 11922)
EASEMENT DEED
(Moorpark Library Sewer Lines)
FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged,
THE CITY OF MOORPARK, a municipal corporation (“Grantor”)
does hereby GRANT to
VENTURA COUNTY WATERWORKS DISTRICT NO. 1 ("Grantee")
the following:
A perpetual easement and right of way (“Easement”) to construct, use, maintain, operate
and repair subsurface sewer pipelines (“Pipelines”) and related purposes, including but
not limited to such surface installations and devices that are appurtenant to said sewer
pipelines, and for any subsurface electrical and/or communications lines necessary,
incidental, and convenient to operate the sewer system, including, but not limited to such
surface installations and devices that are appurtenant to and incidental to said electrical
and/or communications lines in, on, over, under, and across the following described real
property in the State of California, County of Ventura (“Easement Area”):
[See Easement Area description in Exhibit “A” and depiction on Exhibit “B,” attached
hereto and made a part hereof by these references]
EXHIBIT A
Resolution No. 2025-____
Page 3
125
Instrument # WWD1 (S) 107.60E
2 of 5 RW-8/9
(Rev. 4/25)
AGREEMENT
Grantee accepts the Easement Area 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 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 Pipelines, fixtures, and 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. Grantee shall use due care in the construction,
operation and maintenance of the Pipelines and understands that any curbs, gutters,
sidewalks, landscaping, or irrigation disturbed or damaged as a part of Grantee’s
operations on the Pipelines, shall be replaced or repaired by Grantee, to the satisfaction
of the Grantor, at Grantee’s expense.
Grantor requires fourteen (14) 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 the Easement Area for any purpose
not inconsistent with the rights and privileges granted above and which would not interfere
with or endanger the Pipelines or the use thereof, including but not limited to ingress and
egress by way of walkway and driveway, along with landscaping and other surface
improvements.
Grantee agrees, to the fullest extent permitted by law, to defend, indemnify and
hold harmless Grantor, its officers, employees, servants, and agents from any third-party
claim, demand, damage, liability, loss, cost, or expense whatsoever arising directly or
indirectly from any damage or injury to persons or property by reason of the actions or
omissions, intentional or otherwise, of Grantee in exercising any of the privileges granted
or in consequence thereof under the Easement.
Grantor agrees, to the fullest extent permitted by law, to indemnify and hold
harmless Grantee, its Board, officers, employees, servants, and agents from any third-
party claim, demand, damage, liability, loss, cost, or expense whatsoever arising directly
or indirectly from any damage or injury to persons or property by reason of the actions or
omissions, intentional or otherwise, of Grantor using the Easement Area.
Resolution No. 2025-____
Page 4
126
Instrument # WWD1 (S) 107.60E
3 of 5 RW-8/9
(Rev. 4/25)
GRANTOR:
CITY OF MOORPARK
Date:__________________ By: ____________________________
Name: _________________________
Its: ____________________________
GRANTEE:
VENTURA COUNTY WATERWORKS
DISTRICT NO. 1
Date:__________________ _______________________________
Joan Araujo, Director
Central Services
Ventura County Public Works Agency
Grantor’s Authorized Officer
Resolution No. 2025-____
Page 5
127
Instrument # WWD1 (S) 107.60E
4 of 5 RW-8/9
(Rev. 4/25)
ACKNOWLEDGMENT
STATE OF ______________________)
COUNTY OF ______________________)
On , 2025, before me ,
a Notary Public in and for said County and State, personally appeared
,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
NOTARY PUBLIC in and for said
County and State
My commission expires on , 20 .
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
Resolution No. 2025-____
Page 6
128
Instrument # WWD1 (S) 107.60E
5 of 5 RW-8/9
(Rev. 4/25)
ACKNOWLEDGMENT
STATE OF ______________________)
COUNTY OF ______________________)
On , 2025, before me ,
a Notary Public in and for said County and State, personally appeared
,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
NOTARY PUBLIC in and for said
County and State
My commission expires on , 20 .
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
Resolution No. 2025-____
Page 7
129
Page 1 of 2
EXHIBIT “A”
LEGAL DESCRIPTION
PARCEL A
THAT PORTION OF LOT “U”, TRACT L, RANCHO SIMI, IN THE CITY OF MOORPARK,
COUNTY OF VENTURA, STATE OF CALIFORNIA, PER MAP RECORDED IN BOOK 5, PAGE 5,
OF MISCELLANEOUS RECORDS (MAPS), IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A STRIP OF LAND, 20.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED
AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT “U” AS SHOWN ON THE
RECORD OF SURVEY FILED IN BOOK 64, PAGES 12 THROUGH 16, OF RECORD OF
SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
THENCE ALONG THE WESTERLY LINE OF SAID LOT “U” NORTH 00°30'54" EAST, 40.00 FEET
TO THE NORTHERLY LINE OF THE 40.00 FOOT WIDE PUBLIC ROAD EASEMENT
QUITCLAIMED TO VENTURA COUNTY PER DEED RECORDED JULY, 27, 1931 IN BOOK 358,
PAGE 9, OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY;
THENCE LEAVING SAID WESTERLY LINE AND ALONG SAID NORTHERLY LINE SOUTH
89°29'20" EAST, 10.00 FEET TO A LINE THAT IS PARALLEL WITH AND 10.00 FEET
EASTERLY, MEASURED AT RIGHT ANGLES, OF SAID WESTERLY LINE OF LOT “U”, SAID
POINT BEING THE TRUE POINT OF BEGINNING;
1ST: THENCE LEAVING SAID NORTHERLY LINE AND ALONG SAID PARALLEL LINE NORTH
00°30'54" EAST, 420.37 FEET TO THE NORTHERLY LINE OF THE LAND DESCRIBED AS
TRACT 1600.2 IN THE GRANT DEED RECORDED JUNE 19, 1978 IN BOOK 5142, PAGE 424,
OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED TO TERMINATE
SOUTHERLY ON SAID NORTHERLY LINE OF THE 40.00 FOOT WIDE PUBLIC STREET
EASEMENT AND TO TERMINATE NORTHERLY ON SAID NORTHERLY LINE OF TRACT
1600.2.
THE ABOVE DESCRIBED PARCEL CONTAINS 8,407 SQUARE FEET OR 0.19 ACRES, MORE
OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT “B”, ATTACHED HERETO AND MADE A
PART HEREOF.
Resolution No. 2025-____
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130
Page 2 of 2
THIS DOCUMENT HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN
CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR’S ACT.
__________________________________________________ ________________________
TIMOTHY S. FETTIG P.L.S. 7542 DATE
6/11/25
Resolution No. 2025-____
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GUIDA
WWW.GUIDAINC.COM
IRVINE, CA 92602
949.777.2000
220 COMMERCE, SUITE 150
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