TO:Andrew P. Powers, City Manager
FROM:Nader Heydari, Public Works Director
DATE:May 13, 2025
SUBJECT: Vacate Water Easements at Timber School Site Located at 1872 Newbury Road
RECOMMENDATION:
1. Conduct Public Hearing regarding the vacation of two existing waterline easements located upon the Timber School property at 1872 Newbury Road.
2. Adopt resolution declaring the vacation of the waterline easements at the Timber School property.
3. Find that this action is exempt from the California Environmental Quality Act (CEQA) under the general Rule exemption pursuant to California Code of Regulations § 15061(b)(3).
LEVINE ACT ITEM: Yes
FINANCIAL IMPACT:
No Additional Funding Requested. Minimal staff time required to prepare and process the resolution and related documentation is included in the Adopted FY 2024-25 Water Fund Budget.
BACKGROUND:
In April 1982, Easement No. 046531 was recorded for a waterline dedicated to the City per Grant Deed No. 085024 located at, what was at that time, the Conejo Valley Unified School District’s Timber School site at the southeast corner of Newbury Road and Kelley Road (Attachment #s 1-3). The waterline extended into the site to serve two onsite fire hydrants among the school shop buildings. The easement encompassed the waterline, fire hydrants, and meters.
In November 2021, the City entered into a Development Agreement (DAGR-2020- 70273) (Contract No. 13807-2021) with Daylight T.O., LLC to redevelop the Timber School site at 1872 Newbury Road. Staff determined the existing City waterline
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and easement could not be used for the redevelopment project. Pursuant to DAGR-2020-70273 Condition No. 91 a new waterline loop through the site is proposed and the former waterline and easements are to be vacated. Moreover, no other agencies, companies, or persons have any property rights under the same easement.
The current owner of the subject Timber School property, Thousand Oaks Multifamily, LLC, is requesting the City vacate the easement and pipeline improvements located on the site since they are no longer required.
The Public Hearing, as required by law, follows City Council’s April 8, 2025, Resolution No. 2025-006 announcing the Intent to Vacate and directing the publishing of public notices on April 29, 2025, and May 6, 2025, and posting upon the property on April 25, 2025.
DISCUSSION/ANALYSIS:
Articles 1 and 2 of Division 9, Part 3, Chapter 4 of California Streets and Highways Code, Sections 8333, 8335, and 8336, allow the legislative body of a local agency to vacate a public service easement by adopting a resolution of vacation that the City must find the easement and public utility facilities that would be affected by the vacation have not been used by any parties for five consecutive years which has been confirmed by staff. The project is deemed exempt from CEQA as it causes no physical activity that may have a significant effect on the environment.
Under State law, the process to abandon the water line easement, in this case, is to have City Council adopt a resolution of vacation after conducting a public hearing on the matter. The attached resolution (Attachment #4) declares the City is vacating the easement and improvements under all applicable State criteria. Staff recommend City Council adopt the resolution declaring the vacation of the easements. Upon adoption of the final resolution vacating the easements after the public hearing, the City Clerk will record the vacation with the County of Ventura.
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.
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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- 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. The Levine Act disclosure form has been executed (Attachment #5).
COUNCIL GOAL COMPLIANCE:
Meets the following City Council goal:
F. Provide and enhance essential infrastructure to ensure that the goals and policies of the Thousand Oaks General Plan are carried out and the City retains its role and reputation as a leader in protecting the environment and preserving limited natural resources.
PREPARED BY: Jim Taylor, Sr. Civil Engineer
Attachments:
Attachment #1 – Vicinity and Location Maps
Attachment #2 – Waterline Easement Document
Attachment #3 – Waterline Improvements Grant Deed
Attachment #4 – Resolution Declaring Easements Vacation Attachment #5 – Levine Act Disclosure Form, Thousand Oaks Multifamily, LLC
DPW: 821-60\ev\Council\2025\051325\Vacate Water Easement at Timber School Site staff report.docx