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Home My WebLink AboutRES CC 2018 3716 2018 0620 RESOLUTION NO. 2018-3716 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING PHASE 2 OF THE MOORPARK NORTH-EAST OPEN SPACE PROPERTY PURCHASE PROJECT AND AMENDING THE FISCAL YEAR 2017/18 BUDGET BY INCREASING EXPENDITURES BY $1,615,720 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 (Phase 1 of the Moorpark North-East Open Space Property Purchase Project) and directed staff to negotiate with Waste Management to acquire an additional 129.81 acres of open space (Phase 2 of the Moorpark North-East Open Space Property Purchase Project); and WHEREAS, on December 6, 2017, the City and Waste Management entered into a Memorandum of Understanding establishing a purchase price of $12,000 per acre and providing for the donation of one acre of open space to the City at no cost; 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 129.81-acre site described above; and WHEREAS, the City Council desires to approve the Purchase and Sale Agreement and complete the acquisition of the 129.81 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 its 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 from 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. The Director has further concluded that the proposed project is also exempt from 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 Resolution No. 2018-3716 Page 2 the acquisition of land for park purposes. This conclusion is consistent with the City Council's past finding that the 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; and WHEREAS, on June 21, 2017, the City Council adopted the Operating and Capital Improvement Budget for Fiscal Year 2017/18, including funding for the Moorpark North-East Open Space Property Purchase Project; and WHEREAS, on October 18, 2017, the City Council adopted Resolution No. 2017- 3636 to provide an additional $175,000 in funding for the Moorpark North-East Open Space Property Purchase Project to fund the acquisition costs associated with Phase 1 of the Project; and WHEREAS, a staff report has been presented to the City Council discussing the need for a budget amendment to provide additional funding for Phase 2 of the Moorpark North-East Open Space Property Purchase Project; and WHEREAS, Exhibit "A" hereof describes said budget amendment and its resultant impact to the project budget line items. 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 from 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 from 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 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. Resolution No. 2018-3716 Page 3 SECTION 2. A Fiscal Year 2017/18 budget amendment to appropriate an additional $1,615,720 to the Moorpark North-east Open Space Property Purchase Project, as more particularly described in Exhibit "A," attached hereto, is hereby approved. SECTION 3. 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 129.81 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$1,615,720. SECTION 4. 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. SECTION 5. 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 20th day of June, 2018. Ja ce S. Parvin, Mayor ATTEST: 4.01411tro r/d, Maureen Benson, City Clerk Resolution No. 2018-3716 Page 4 EXHIBIT A BUDGET AMENDMENT FOR ENDOWMENT FUND CAPITAL IMPROVEMENTS MOORPARK NORTH-EAST OPEN SPACE PROPERTY PURCHASE FUND BALANCE ALLOCATION: Fund title Fund-Account Number Amount Endowment Fund 2018-33990 $ 1,615,720.00 Total $ 1,615,720.00 EXPENDITURE APPROPRIATION: Account Number Current Budget Revision Amended Budget 2018.173.L0074.55100 $ 1,500,000.00 $ 1,545,720.00 $ 3,045,720.00 2018.173.L0074.51000 $ 145,000.00 $ 20,000.00 $ 165,000.00 2018.173.L0074.51040 $ $30,000.00 $ 50,000.00 $ 80,000.00 Total $ 1,675,000.00 $ 1,615,720.00 $ 3,290,720.00 Resolution No. 2018-3716 Page 5 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. 2018-3716 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 20th day of June, 2018, and that the same was adopted by the following vote: AYES: Councilmembers Mikos, Pollock, Simons, Van Dam, and Mayor Parvin NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 28th day of June, 2018. Maureen Benson, City Clerk (seal) 494111 PI eV A a:- ValrA410 g, Nfrall €9 Ill