TO:Andrew P. Powers, City Manager
FROM:Nader Heydari, Public Works Director
DATE:September 9, 2025
SUBJECT: Summary Vacation of Water Easement at Amy’s Kitchen Restaurant Holdings, LLC
RECOMMENDATION:
1. Adopt resolution summarily vacating portions of a water easement at Amy’s Kitchen Restaurant Holdings, LLC, and authorize the City Engineer to execute necessary documents.
2. 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 2025-26 Water Fund Budget.
BACKGROUND:
Chapter 4 of the California Streets and Highways Code, Sections 8333 and 8335, allows the legislative body of a local agency to summarily vacate a public service easement by adopting a resolution of vacation if certain criteria are met.
In 1995, the City recorded an easement for a municipal waterline located at 400 North Moorpark Road, at the northeast corner of North Moorpark Road and Brazil Street (Attachment Nos.1 and 2). The waterline extends from Brazil Street through the property’s private driveway aisle. This easement encompasses the waterline, fire hydrants, and meters.
Summary Vacation of Water Easement at Amy’s Kitchen Restaurant Holdings, LLC September 9, 2025
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In 2023, a new fire hydrant was installed at a new location elsewhere on the site for the Amy’s Kitchen Restaurant (DPMN 2021-70150). The property owner dedicated and the City accepted a new water easement. Amy’s Kitchen Restaurant Holdings, LLC, the current owner of the property, is requesting the City vacate portions of the original 1995 easement that are no longer required.
DISCUSSION/ANALYSIS:
The Streets and Highways Code allows a local agency to vacate a public service easement if the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement. Staff has researched the proposed abandonment areas and has found no existing City utility facilities in these areas and there are no other public facilities that would be impacted. The Planning Division and City’s Water Operations Division have confirmed their support for the abandonment.
The easement may be abandoned by adopting a resolution of vacation. Staff recommend adoption of the attached resolution which covers all applicable State criteria (Attachment #3).
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- 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 #4).
Summary Vacation of Water Easement at Amy’s Kitchen Restaurant Holdings, LLC September 9, 2025
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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: Norasaze Nana, Engineering Associate
Attachments:
Attachment #1 – Vicinity and Location Maps
Attachment #2 – Document No. 95-113492 Parcel Map LD No. 660 Attachment #3 – Resolution
Attachment #4 – Levine Act Disclosure Form, Amy’s Kitchen Restaurant Holdings, LLC
DPW: 821-60\ev\Council\2025\090925\Summary Vacation of Portions of a Water Easement staff report.docx