HomeMy WebLinkAboutAGENDA REPORT 2015 0304 CCSA REG ITEM 10G ITEM 10.G.
CITY OF MOORPARK,CALIFORNIA
City Council Meeting
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MOORPARK CITY COUNCIL ACTIOW:4 4 ,• 1442.
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BY: `f h-
TO: Honorable City Council
FROM: Dave Klotzle, City Engineer/Public Works Director
DATE: February 24, 2015 (CC Meeting of 3/4/15)
SUBJECT: Consider Resolution Amending the Fiscal Year 2014/15 Budget to
Fund Drainage Improvements at 11910 Poindexter Avenue
DISCUSSION
The private storm drain improvements located on the property owned by Pindler &
Pindler, Inc. (Pindler), at 11910 Poindexter Avenue, connect to, and accept storm water
runoff from a catch basin located in City right-of-way on Poindexter Avenue. The City
holds an Easement Deed for the Right to Dispose of Storm Water (Easement Deed)
onto the subject property, executed on May 17, 1984, when the property was initially
developed.
Over the years, the private storm drain system was damaged by tree roots and partially
plugged with debris, reducing the amount of storm water it could effectively convey to
the downstream storm drain system. Under certain storm conditions, storm water
would back up out of the private storm drain and flow on the surface to the next
downstream storm drain inlet located south of Pindler's property. At times, storm water
would also back up out of the catch basin and pond on Poindexter Avenue. In
December 2012, Pindler installed a new storm drain system on their property but did
not extend the new pipe to the catch basin on Poindexter Avenue.
On July 29, 2013, Pindler tendered a Notice of Claim to the City alleging that the City
caused damage to the Pindler building by having unlawfully diverted storm water from
Poindexter Avenue onto Pindler's property. The City disputed Pindler's allegations,
contending it is authorized to divert storm water from Poindexter Avenue onto Pindler's
property pursuant to the Easement Deed. To resolve the disputed issues, the City and
Pindler executed a Mutual General Release and Settlement Agreement (Agreement) on
April 2, 2014.
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Honorable City Council
March 4, 2015
Page 2
The Agreement provides that upon completion of certain drainage and landscaping
improvements by Pindler, the City will pay $27,000 to Pindler. The improvements,
including a new, larger catch basin on Poindexter Avenue and two new pipes
connecting the catch basin to Pindler's drainage system, have been completed and
were inspected and approved by the City on February 12, 2015.
FISCAL IMPACT
A resolution amending the FY 2014/15 budget is required to appropriate $27,000 for the
payment to Pindler.
STAFF RECOMMENDATION (ROLL CALL VOTE)
Adopt Resolution No. 2015 - amending the Fiscal Year 2014/15 budget to
appropriate $27,000 from the General Fund Reserve (1000) to fund drainage
improvements at 11910 Poindexter Avenue.
Attachment
Resolution No. 2015 -
S:1Public Works\Everyone\Reports\Staff Reports\2015\March13-4-2015(Pindler Drainage Budget Amendment).doc 7 3
Attachment
RESOLUTION NO. 2015 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR
2014/15 BUDGET TO APPROPRIATE FUNDS FROM
GENERAL RESERVE FUND (1000) FOR DRAINAGE
IMPROVEMENTS AT 11910 POINDEXTER AVENUE
WHEREAS, on June 18, 2014, the City Council adopted the Operating and
Capital Improvements Projects budget for Fiscal Year 2014/2015; and
WHEREAS, the City and Pindler & Pindler, Inc. (Pindler) executed a Mutual
General Release and Settlement Agreement (Agreement) on April 2, 2014; and
- WHEREAS, the Agreement provides that upon completion of certain drainage and
landscaping improvements by Pindler, the City will pay $27,000 to Pindler; and
WHEREAS, the improvements, including a new, larger catch basin on Poindexter
Avenue and two new pipes connecting the catch basin to Pindler's drainage system, have
been completed and were inspected and approved by the City on February 12, 2015; and
WHEREAS, a staff report has been presented to the City Council requesting a
budget adjustment increase of $27,000 from General Reserve Fund (1000) for drainage
improvements at 11910 Poindexter Avenue; and
WHEREAS, Exhibit "A", attached hereto and made a part hereof, describes said
budget amendment and its resultant impact to the budget line items.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That a budget amendment in the aggregate increase of $27,000
as more particularly described in Exhibit "A" is hereby approved.
SECTION 2. 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 4th day of March, 2015.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Attachment: Exhibit 'A': Appropriation and Budget Detail
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Resolution No. 2015 -
EXHIBIT "A"
BUDGET AMENDMENT FOR
GENERAL RESERVE FUND (1000)
TO APPROPRIATE FUNDING FOR DRAINAGE IMPROVEMENTS AT
11910 POINDEXTER AVENUE
FY 2014-2015
FUND ALLOCATION FROM:
Fund Account Number Amount
General Reserve 1000-5500 $ 27,000.00
Total $ 27,000.00
DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS:
Account Number Current Budget Revision Amended Budget
1000.8100.0000.9125 $ - $ 27,000.00 $ 27,000.00
Total $ - $ 27,000.00 $ 27,000.00
Finance Approval: 46-
SAPublic
Works\Everyone\Reports\Staff Reports120151March13-4-2015(Pindler Drainage Budget Amend. Exhibit A)
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