TO:Andrew P. Powers, City Manager
FROM:Kelvin Parker, Community Development Director
DATE:February 25, 2025
SUBJECT: McCrea Open Space Acquisition (North Moorpark Road) RECOMMENDATION:
1. Find that the following actions are exempt from California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines, 14 CCR sections 15061,15313, 15317, and 15325.
2. Approve Purchase and Sale Agreement (PSA) with Escrow Instructions for Assessor Parcel Number (APN) 592-0-110-485 between the City of Thousand Oaks and Emad Hillo (“Seller”), and authorize City Manager, or designee, to execute the PSA and all other documents necessary to effectuate the purchase by the City of Thousand Oaks, including the authority to accept the deed, subject to resolution of any liens and encumbrances affecting said parcel.
3. Approve budget appropriation and expenditure in the amount of $410,000 ($400,000 purchase price, plus closing costs not to exceed $10,000) for APN 592- 0-110-485 from A/C #512-0000-311-1000 (Community Recreation and Open Space Endowment Fund – Fund Balance) to A/C #512-4410-679-8100 (CI 1227, Capital – Land).
4. Transfer the property (APN 592-0-110-485) to Conejo Open Space Conservation Agency (COSCA) for long-term management, subject to the procedural requirements of the Surplus Land Act.
5. Adopt a resolution authorizing the above actions and finding that the transfer of property to COSCA is exempt from the California Surplus Lands Act.
LEVINE ACT ITEM: Yes
FINANCIAL IMPACT:
$410,000 Increase to the Adopted FY 2024-25 Community Recreation and Open Space Endowment Fund (CROSEF) Budget. Increase of $410,000 to the Adopted FY 2024-25 CROSEF Budget for purchase of open space parcel and
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closing costs is requested. The current balance in CROSEF is $2,014,174. CROSEF funds can only be used for open space and recreation- related purposes, including land acquisition.
BACKGROUND:
The McCrea Open Space area makes up the north central portion of the City’s ring of green described in the City’s General Plan. It is anchored by open space donated to the Conejo Recreation and Park District (CRPD) by the Joel McCrea Family and supplemented by additional properties owned by COSCA. The land cover throughout this area is dominated by coastal sage scrub habitats that support significant biological diversity. This open space also contains linkages to the Mountclef and Wildwood open spaces forming an expansive area for wildlife movement.
The proposed open space acquisition is a parcel located along North Moorpark Road west of Calle Contento near the top of the Norwegian Grade. It is immediately adjacent to existing COSCA property and contains native coastal sage scrub vegetation that is part of the scenic gateway into Thousand Oaks from the Santa Rosa Valley.
DISCUSSION/ANALYSIS:
The subject property is fronted along Moorpark Road by an irrigated landscape zone maintained by contractors to the City. The lower slope contains native vegetation that contributes to the gateway feature. The property is steeply sloped over 25 percent and any development of this property would require extensive grading and disturbance that would compromise the scenic value of the gateway property. Along the eastern boundary there are electrical transmission lines owned by Southern California Edison (SCE), and there is an easement on this section permitting this use. SCE is responsible for weed abatement work under the power lines, so the City and COSCA would not be required to add any additional area to existing weed abatement responsibilities.
The parcel is 4.46 acres in size and is zoned R-A-PR (Rural Agriculture with a Protected Ridgeline designation). The purchase price is based on a contemporary full narrative appraisal listing the value as $400,000. Staff agreed, subject to City Council approval, with the seller to a purchase price of $400,000, which is consistent with the appraisal. The draft PSA is contained in Attachment #1. The location of the parcel is shown in Attachments #2 and #3. Attachment #4 is an aerial photo of the property and the adjacent area showing the existing open space pattern. CROSEF funding is proposed for this acquisition. CROSEF was established for the purpose of open space and parks acquisition and maintenance.
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Section 65402 of the California Government Code requires that real property acquisition or disposition be consistent with the General Plan as to location, purpose, and extent. The proposed acquisition was evaluated by the Thousand Oaks Planning Commission on January 27, 2025, and found to be consistent with the General Plan and documented by Planning Commission Resolution No. 02- 2025.
Pursuant to Section 15378(b)(4), et seq., of the California Environmental Quality Act (CEQA), the regulations promulgated thereunder (14 California Code of Regulations, §§ 15000, et seq., CEQA Guidelines), staff determined that there is sufficient support for finding that the acquisition of the open space parcel in the McCrea Open Space Area, and subsequent transfer to COSCA, are Categorically Exempt from CEQA pursuant to CEQA Guidelines, 14 CCR Sections 15313, 15317, and 15325. Specifically, the acquisition by the City and subsequent transfer to COSCA will preserve open space in its natural condition providing habitat for wildlife and native flora. Furthermore, as it can be seen with certainty that there is no possibility that the activities in question may have a significant effect on the environment, the activity is not subject to CEQA under what is referred to as the “common sense exemption” (California Code of Regulations. Title 14, § 15061).
Transfer of the property to COSCA is exempt from the California Surplus Land Act (SLA) under California Government Code Sections 54221, and 54222.3; and SLA Guidelines Section 103(c)(5).
LEVINE ACT (California Government Code § 84308):
This item is subject to the Levine Act. City Councilmembers who have received a campaign contribution of more than $500 (aggregated) within the preceding 12 months from a party or their agent/representative, or a financially-interested participant involved in this proceeding may do either of the following: (1) disclose the contribution on the record and recuse themselves from this proceeding; or if applicable (2) return the portion of the contribution that exceeds $500 within 30 days from the time the official knew or should have known about the contribution, and participate in the proceeding.
All parties and their agents/representatives must disclose on the record of this proceeding any aggregated contribution of more than $500 made to any Councilmember within the preceding 12 months. Councilmembers are prohibited from accepting, soliciting, or directing a campaign contribution of more than $500 (aggregated) from a party, their agent/representative, or a financially-interested participant during a proceeding and for 12 months following the date a final decision is made. In addition, a party, their agent/representative, or a financially- McCrea Open Space Acquisition (North Moorpark Road)
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interested participant is prohibited from contributing more than $500 (aggregated) to a Councilmember during a proceeding and for 12 months following the date a final decision is made.
COUNCIL GOAL COMPLIANCE:
Meets the following City Council goal:
E. Complete ring of open space around the City; Protect and preserve ridgelines, natural habitat, and designated open space areas.
PREPARED BY: Brian Stark, COSCA Administrator
Attachments:
Attachment #1 – Draft Purchase and Sale Agreement
Attachment #2 – Vicinity Map
Attachment #3 – Location Map
Attachment #4 – Aerial Photo Map with Existing Open Space Attachment #5 – Resolution Authorizing Acquisition and Transfer of Open Space Property
cdd:531-40\bs\H:\COMMON\COSCA\Real Property (531-40)\1-Active Projects\Hillo - North Moorpark - McCrea\Council Actions\Staff Report - Hillo Acquisition.docx