the renovated park. Staff has identified the property commonly referred to as 1211 Evergreen Lane as the most accessible and efficient location to cross and tie into an existing sewer main in Evergreen Lane right-of-way
In anticipation of acquiring a sewer easement and right-of-way over the property for the purposes of installing and maintaining a sewer lateral line, City Staff approached the property owner to solicit his opinion regarding the conveyance of a sewer easement to the City. City Staff has a tacit agreement to be confirmed by the City Council to purchase said sewer easement for the price of one thousand dollars ($1,000.00).
Staff recommends that the City Council adopt the attached Resolution authorizing the acquisition of the sewer easement and authorizing the City Manager to tale all necessary action to accomplish same for the benefit of the Bubbling Springs Park Renovation Project.
FISCAL IMPACT:
Approval of this action would require an appropriation of $1,000.00 for the acquisition of the sewer easement in Account No. 303-562-5600.
STRATEGIC PLAN:
Primary Strategic Pillar(s) and Initiative(s):
Safe, Secure, & Beautiful Community
• Upgrade our beach, parks, City-owned facilities and structures to provide a better experience for our residents, employees, commuters, and visitors ATTACHMENTS:
A. Resolution
Agenda Item No. 11 Page 2 of 13 CC Agenda 02-05-2024
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT HUENEME,
CALIFORNIA, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ACQUIRE AN EASEMENT FOR THE ESTABLISHMENT, OPERATION, AND
MAINTENANCE OF SEWER LINE AND ACCEPTANCE BY CITY OF SAME WHEREAS, the City of Port Hueneme (“City”) is in the process of updating and rehabilitation Bubbling Springs Park; and
WHEREAS, the City as determined that certain amenities and facilities within Bubbling Springs Park will require a sewer easement for the installation and maintenance of a sewer line lateral and any appurtenant structure as may be necessary through the property commonly referred to as 1211 Evergreen Lane; and
WHEREAS, the City has entered into negotiations with the owner of 1211 Evergreen way for the acquisition of said sewer easement with a tacit agreement for the price of one thousand dollars (“$1,000.00”) subject to approval of the City Council; and WHEREAS, the City and property owner would like to enter into the purchase of said sewer easement for the benefit of public and guests of Bubbling Springs Park.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT HUENEME, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1: The above recitals are true and correct.
SECTION 2: The City Manager, or his designee, is authorized to acquire a Grant of Sewer Easement for the operation and maintenance of a sewer lateral through that portion of 1211 Evergreen Lane, as identified in the Grant of Sewer Easement attached hereto, as “Attachment A.” Moreover, the City Manager, or his designee, is authorized to execute any and all documents as necessary for this purpose and to pay the property owner such sums as may be agreed upon within the City Manager’s purchasing authority.
SECTION 3: The Mayor or City Manager is hereby authorized to execute the Grant of Sewer Easement and to accept same on behalf of the City. The City Manager, or his designee, shall record such executed Grant of Sewer Easement with County Recorder for the County of Ventura, State of California, at City’s expense.
SECTION 4: This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code §§ 21000 et seq.) (“CEQA”). That pursuant to the requirements of CEQA, the City evaluated the action and determined there is no possibility of any indirect or direct physical change in the environment as a result of this action triggering CEQA review in accordance with Public Resources Code section 21065.
SECTION 5: This Resolution shall take effect immediately upon its passage.
SECTION 6: The Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions.
Attachment A
Agenda Item No. 11 Page 3 of 13 CC Agenda 02-05-2024
PASSED, APPROVED, AND ADOPTED, this 5TH day of February, 2024.
Misty Perez, Mayor
ATTEST:
________________________________
Georgianna Nicole Alvarez
City Clerk
Agenda Item No. 11 Page 4 of 13 CC Agenda 02-05-2024
ATTACHMENT A
Agenda Item No. 11 Page 5 of 13 CC Agenda 02-05-2024
1 Recording Requested by:
CITY OF PORT HUENEME
250 N. Ventura Road
Port Hueneme, CA 93041
After Recordation, Mail Grant Deed and
Tax Statements to:
CITY OF PORT HUENEME
250 N. Ventura Road
Port Hueneme, CA 93041
APN 207-0-081-065
This transaction is exempt from California Documentary Transfer Tax pursuant to Section 11922 of the California Revenue and Taxation Code. This Document is exempt from Recording Fees pursuant to Section 27383 of California Government Code.
GRANT OF SEWER EASEMENT
For valuable consideration, the receipt of which is hereby acknowledged, Ralph G. Mongelli, un unmarried man holding 100 percent fee interest in the subject property (“Grantor”), hereby grants to the City of Port Hueneme, a charter city and municipal corporation formed under the laws of the State of California, its successors and assigns (“Grantee”), an easement and right-of-way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect, and remove at any time and from time to time an underground sewer system, including without limitation, underground pipes, laterals, pumps, conduits, vaults, manholes, and any other appurtenant fixtures and equipment necessary for sewer services in, on, over, under, across, and along the certain real property described as follows (the “Property”) LOT 39, PLEASANT VALLEY PARK TRACT, IN THE CITY OF PORT
HUENEME, COUNTY OF VENTURA, STATE OF CALIFORNIA, AS PER MAP THEREOF RECORDED IN BOOK 21, PAEG 37 OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF VENTURA COUNTY
The Grant of Sewer Easement legal description is Attached hereto as “EXHIBIT A” with and informational drawing attached hereto as “EXHIBIT B.” Grantor shall have the right to utilize the surface above the Grantee’s sewer easement exclusively as landscaped yard space. No construction or erection of buildings, sheds, or planting of trees shall be allowed within the sewer easement described in Exhibit A herein. The erection of fences by Grantor within the said sewer easement is permissible. The Grantee, its contractors, agents, and employees, shall have the right to trim or cut existing tree roots that may endanger or interfere with said sewer systems and shall have free access to said systems and every part thereof, at all times, for the purpose of exercising the rights herein granted; provided, however, that in making any excavation Agenda Item No. 11 Page 6 of 13 CC Agenda 02-05-2024
2 on said property of the Grantor, the Grantee shall make the same in such a manner as will cause the least injury to surface of the ground around such excavation, and shall replace the earth, plants, sidewalk, and synthetic turf so removed by it and restore the surface of the ground to as near the same condition as it was prior to such excavation as is practicable and at Grantee’s expense.
IN WITNESS WHEREOF, the Grantor and Grantee have caused this instrument to be executed on their behalf or by their respective officers thereunto duly authorized, this ___ day of February 2024.
Grantor:
By: ______________________________
Ralph G. Mongelli
The provisions of this Grant of Easement are hereby approved and accepted.
Grantee:
CITY OF PORT HUENEME ATTEST:
By: ____________________________. By:
Misty Perez, Mayor Georgianna Alvarez, City Clerk
APPROVED AS TO FORM:
Green de Bortnowsky, LLP
By:_______________________________
Kevin Spaulding, City Attorney
Agenda Item No. 11 Page 7 of 13 CC Agenda 02-05-2024
3 CERTIFICATE OF ACKNOWLEDGMENT
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.
State of _______________________ )
)
County of ______________________ )
On ____________________, before me, ___________________________________________ Date Here Insert Name and Title of the Officer
personally appeared ___________________________________________________________ Name(s) of Signer(s)
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.
Signature __________________________
Place Notary Seal Above
Agenda Item No. 11 Page 8 of 13 CC Agenda 02-05-2024
4 CERTIFICATE OF ACKNOWLEDGMENT
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.
State of _______________________ )
)
County of ______________________ )
On ____________________, before me, ___________________________________________ Date Here Insert Name and Title of the Officer
personally appeared ___________________________________________________________ Name(s) of Signer(s)
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.
Signature __________________________
Place Notary Seal Above
Agenda Item No. 11 Page 9 of 13 CC Agenda 02-05-2024
5 EXHIBITS “A” & “B”
TO
SEWER EASEMENT
Agenda Item No. 11 Page 10 of 13 CC Agenda 02-05-2024
Agenda Item No. 11 Page 11 of 13 CC Agenda 02-05-2024
Agenda Item No. 11 Page 12 of 13 CC Agenda 02-05-2024
CERTIFICATION
STATE OF CALIFORNIA )
) ss
COUNTY OF VENTURA )
I, Georgianna Nicole Alvarez, City Clerk of the City of Port Hueneme, California, do hereby certify that the foregoing Resolution No. ____ was duly adopted at the regular meeting of the City Council on the __ day of ____, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Georgianna Nicole Alvarez
City Clerk
Agenda Item No. 11 Page 13 of 13 CC Agenda 02-05-2024
DATE: February 5, 2024
TO: Honorable City Council
FROM: James Vega, City Manager
SUBJECT: OUT OF STATE TRAVEL REQUEST FOR MAYOR PRO TEM MCQUEENLEGOHN AND COUNCILMEMBER HERNANDEZ RECOMMENDATION:
It is recommended that the City Council:
1. Consider the request for out of state travel from Sunday, March 17, 2024, through Thursday, March 21, 2024, for Primary Representative Mayor Pro Tem McQueen-Legohn to attend the Regional Defense Partnership lobbying trip to Washington, D.C. in support of the Naval Base Ventura County, Point Mugu and Port Hueneme using only individual Councilmember budgeted funds.
2. Consider the request for out of state travel from Sunday, March 17, 2024, through Thursday, March 21, 2024, for Alternate Representative Councilmember Hernandez to attend the Regional Defense Partnership lobbying trip to Washington, D.C. in support of the Naval Base Ventura County, Point Mugu and Port Hueneme requiring funding in addition to the individual Councilmember budgeted funds.
3. Consider Alternate Representative Councilmember Hernandez’s request to authorize reimbursement of travel costs in the amount of $1,000 from the $15,000 City Council pooled Conference/Travel budget line item.
BACKGROUND/ANALYSIS:
The City’s Travel Policy (Administrative Policy and Procedure C-005) Section 1, subsection c. states, “Out of State travel requires prior Council approval.” Mayor Pro Tem McQueen-Legohn serves as the Primary Representative and Councilmember Hernandez serves as the Alternate Representative of the City on the Regional Defense Partnership (RDP) Board. RDP will be going on a lobbying trip in support of the Naval Base Ventura County, Point Mugu and Port Hueneme. The trip will take place from March 18-20, 2024 (departure: March 17, 2024 / return: March 21, 2024). The purpose of the event is to participate in lobbying with congressional representatives and federal officials for the needs of additional military Agenda Item No. 12 Page 1 of 2 CC Agenda 02-05-2024
Out of State Travel & Reimbursement – DC Trip
February 5, 2024
programs, infrastructure, and other areas deemed important to military and civilian leaders.
The FY 23/24 Operating Budget included $3,000 for each Councilmember’s annual conference and travel needs. Additionally, the budget included a $15,000 pooled resource for additional City Council travel/conference needs. However, as has been noted in recent City Council meetings, staff is reviewing the budget for adjustments and closely monitoring expenditures, and is planning to recommend reductions to this and other line items as part of the mid-year budget review to better balance the budget.
The RDP trip is estimated to cost approximately $2,400 for each Councilmember.
Based on travel expenses to date, Councilmember Hernandez has $1,368 remaining and Mayor Pro Tem McQueen-Legohn has approximately $586. Mayor Pro Tem McQueen-Legohn has expressed her intent to use personal funds for travel costs that exceed her $3,000 annual allotment. Councilmember Hernandez’s expenses would exceed her annual allotment by approximately $1,000, therefore City Council approval is needed to approve the request and reimbursement.
In submitting the request, Councilmember Hernandez stated the following regarding the request:
• The role of the RDP Alternate is traditionally viewed differently than other "Alternate" City Council appointments.
• There is precedent going back at least 10 years where the Primary voting member attends the General Meetings and the Alternate, a non-voting member, participates on the Strategic Planning Committee. I have served on RDP Strategic Planning Committee for approximately 4 years.
FISCAL IMPACT:
Funding for Mayor Pro Tem McQueen-Legohn’s request will not require any additional funding as proposed. Funding for Councilmember Hernandez’s request will require the use of $1,000 from a pooled travel/conference appropriations in Account No. 101-110- 5411.
STRATEGIC PLAN:
Primary Strategic Pillar: Strategic Partnerships
ATTACHMENTS:
None.
Agenda Item No. 12 Page 2 of 2 CC Agenda 02-05-2024