HomeMy WebLinkAboutRES CC 2018 3706 2018 0606 RESOLUTION NO. 2018-3706
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING A PURCHASE
AND SALE AGREEMENT FOR 125 ACRES OF OPEN
SPACE FROM WASTE MANAGEMENT, INC., APPROVING
A SURFACE WAIVER AGREEMENT WITH THE
CALIFORNIA RESOURCES PRODUCTION
CORPORATION, INC. TO PRE-IDENTIFY TWO DRILLING
ISLANDS; AND FINDING THAT THESE ACTIONS ARE
EXEMPT FROM THE PROVISIONS OF CEQA
WHEREAS, on November 19, 2014, the City of Moorpark (City) and County of
Ventura (County) executed a Sustainability Fee Memorandum of Understanding
whereby the County would provide the City with $1,500,000 in funding for the
acquisition of open space and conservation easements within a designated area located
in northeastern Moorpark; and
WHEREAS, on October 18, 2017, the City Council approved the expenditure of
the $1,500,000 to purchase 125 acres of open space, located east of Moorpark College
and immediately north of the 118 Freeway, from Waste Management (the Moorpark
North-East Open Space Property Purchase Project), subject to completion of
environmental due diligence and development of a Purchase and Sale Agreement; and
WHEREAS, the City has completed its environmental due diligence and
developed a Purchase and Sale Agreement with Waste Management; and
WHEREAS, the California Resources Production Corporation holds a current
Special Use Permit (SUP No. 23) from the County of Ventura to operate an oil field
anywhere on the 125-acre site described above; and
WHEREAS, the City Council desires to approve the Purchase and Sale
Agreement and complete the acquisition of the 125 acres of open space described
above; and
WHEREAS, the City Council and California Resources Production Corporation
desire to identify two specific sites on the property for future drilling infrastructure, while
ensuring the rest of the area will not be eligible for future drilling infrastructure; and
WHEREAS the City Council and California Resources Production Corporation
have developed a Surface Waiver Agreement to memorialize their desire; and
WHEREAS, the Community Development Director has reviewed these proposed
City Council actions and determined that they are categorically exempt from the
provisions of the California Environmental Quality Act (CEQA) in that the proposed
approvals of the Purchase and Sale Agreement and the Surface Waiver Agreement are
exempt to CEQA pursuant to Section 15317 of the CEQA Guidelines (Class 17
Categorical Exemption), which specifically exempts the acceptance of fee interests or
Resolution No. 2018-3706
Page 2
easements in land in order to maintain the open space character of the area. The
Director has further concluded that the proposed project is also exempt to CEQA
pursuant to Section 15325 of the CEQA Guidelines (Class 25 Categorical Exemption),
which exempts the acquisition of land to preserve open space and specifically includes
the acquisition of land for park purposes. This conclusion is consistent with the City
Council's past finding that the entire Moorpark North-East Open Space Property
Purchase Project is exempt from CEQA under the same Sections. Furthermore there is
no substantial evidence that the proposed City Council actions will result in significant
effects on the environment due to cumulative effects, unusual circumstances, adverse
effects on scenic resources within a state scenic highway, or historic resources, and the
site is not on any of any list of hazardous waste sites compiled pursuant to Section
65962.5 of the Government Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DETERMINATION: The City Council, based on
its own independent analysis and judgment, concurs with the Community Development
Director's determination that the proposed approvals of the Purchase and Sale
Agreement and the Surface Waiver Agreement are exempt to CEQA pursuant to
Section 15317 of the CEQA Guidelines (Class 17 Categorical Exemption), which
specifically exempts the acceptance of fee interests or easements in land in order to
maintain the open space character of the area, and that the proposed project is also
exempt to CEQA pursuant to Section 15325 of the CEQA Guidelines (Class 25
Categorical Exemption), which exempts the acquisition of land to preserve open space
and specifically includes the acquisition of land for park purposes. This conclusion is
consistent with the City Council's past finding that the entire Moorpark North-East Open
Space Property Purchase Project is exempt from CEQA under the same Sections.
Furthermore there is no substantial evidence that the proposed City Council actions will
result in significant effects on the environment due to cumulative effects, unusual
circumstances, adverse effects on scenic resources within a state scenic highway, or
historic resources, and the site is not on any of any list of hazardous waste sites
compiled pursuant to Section 65962.5 of the Government Code. Accordingly, no further
environmental documentation is needed.
SECTION 2. The City Council hereby authorizes the City Manager to execute a
Purchase and Sale Agreement, and related documents, subject to final language
approval by the City Manager and City Attorney, to acquire the 125 acres comprising
part of the Moorpark North-East Open Space Property Purchase Project, as described
in the staff report, from Waste Management at a cost of$1,500,000.
SECTION 3. The City Council hereby authorizes the City Manager to execute a
Surface Waiver Agreement with the California Resources Production Corporation, and
related documents, subject to final language approval by the City Manager and City
Attorney, to pre-identify two oil drilling islands on the site.
Resolution No. 2018-3706
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 June, 2018.
opfiAAAI-k);
ice S. Parvin,
ATTEST: �� A,���4
Maureen Benson, City Clerk ��' :; ` "� �
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Resolution No. 2018-3706
Page 4
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby
certify under penalty of perjury that the foregoing Resolution No. 2018-3706 was
adopted by the City Council of the City of Moorpark at a regular meeting held on the 6th
day of June, 2018, and that the same was adopted by the following vote:
AYES: Councilmembers Mikos, Pollock, Simons, and Mayor Parvin
NOES: None
ABSENT: Councilmember Van Dam
ABSTAIN: None
WITNESS my hand and the official seal of said City this 12th day of June, 2018.
U
Maureen Benson, City Clerk
(seal)
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