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Home My WebLink AboutAGENDA REPORT 2015 0408 CC SPC ITEM 05A ITEM 5.A. CITY OF MOORPARK,CALIFORNIA City Council Meeting MOORPARK CITY COUNCIL Or N-b-Rors AGENDA REPORT ACTION: TO: Honorable City Council By: CI3eic,ae.,_ /7 FROM: David A. Bobardt, Community Development Director DATE: March 26, 2015 (CC Special Meeting of 4/8/15) SUBJECT: Consider Professional Services Agreement Regarding Wayne J Sand and Gravel Expanded Mining Facility Environmental Impact Report (EIR) and Authorize the City Manager to Execute Professional Services Agreement BACKGROUND/DISCUSSION On March 13, 2015, the City received a Draft ER from the County of Ventura for the proposed Wayne J Sand and Gravel Expanded Mining Facility. This facility is located north of Moorpark adjacent to State Route 23 (Grimes Canyon Road). A Modification to the existing Conditional Use permit is required for the project which would, if approved, extend the permit from 2013 to 2043, increase the excavation area from 48 to 134 acres, increase production from 270,000 tons to 700,000 tons per year, and allow for an average of 240 and maximum of 300 truck trips per day, up from the current allowed 72 average and 100 maximum truck trips per day. Wayne J is also proposing to add asphalt and concrete recycling to their operation, which had previously been allowed but not built. Comments on the Draft EIR are due April 30, 2015. Comments were submitted by the City on a previous EIR for this project in 2006 and 2009, but the previous EIR was never brought forth for consideration by the County, and the EIR has since been re-written. Staff solicited a proposal (attached) from The Sohagi Law Group to review this document and prepare comments on behalf of the City. This firm represented the City during the review of the Grimes Rock Mine Expansion EIR. A proposal not-to-exceed $50,000.00 without prior authorization was received on March 26, 2015. Since this project can have significant impacts on Moorpark and the timeframe for providing comments is short, the City Manager authorized the review work to begin. The City Council is now being asked to authorize the execution of this agreement. FISCAL IMPACT There is no additional appropriation requested at this time. The Community Development Department's FY 2014/15 adopted budget includes $150,000.00 in Special Professional Services (Expenditure Account 9103) from the General Fund (1000) for the General Plan Environmental Impact Report Land Use and Circulation 1 Honorable City Council September 4, 2013 Page 2 Element Planning Services. Approximately $25,000 of this amount is being encumbered for planning services related to the Land Use and Circulation Element, and an additional unknown amount will be needed for a traffic study, though most of that expense is not expected until the next fiscal year. The department is proposing to transfer $50,000.00 to the Legal Services— Non Retainer (Expenditure Account 9122). STAFF RECOMMENDATION Authorize the City Manager to execute a professional services agreement with The Sohagi Law Group for an amount not to exceed $50,000.00 without prior City Council authorization, subject to final language approval of the City Manager and City Attorney. Attachment: Proposal 2 MARGARET MOORE SOHAGI THE SOHAGI LAW GROUP NICOLE NICOLE HOEKSMA GORDON j A PROFESSIONAL LAW CORPORATION SACRAMENTO OFFICE R. TYSON SOHAGI 11999 SAN VICENTE BOULEVARD, SUITE 150 1104 CORPORATE WAY CHRISTOPHER S. BURT LOS ANGELES, CALIFORNIA 90049-5136 SACRAMENTO, CALIFORNIA 95831 TELEPHONE (310) 475-5700 TELEPHONE (916) 395-4491 FACSIMILE (310) 475-5707 FACSIMILE (916) 395-4492 ALBERT I. HERSON THOMAS JACOBSON www.sohagi.com ALISON L. KRUMBEIN ANNE C.H. LYNCH HELENE V. SMOOKLER PHILIP A. SEYMOUR OF COUNSEL March 25, 2015 Steve Kueny, City Manager City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 Re: Retainer Agreement for Professional Services Dear Mr. Kueny: Per your request, The Sohagi Law Group, PLC will provide legal advice to the City of Moorpark regarding the Wayne J Sand and Gravel Mine EIR. At the City's request, The Sohagi Law Group has.retained an outside traffic consultant to assist us with our legal review of the EIR's traffic analysis, and to provide technical advice related to transportation issues. Pursuant to the rate sheet attached, The Sohagi Law Group will perform the following tasks (time and materials) at a budget of not to exceed$50,000 (including any subconsultant) without prior authorization. SLG Tasks requested by City: • Review of Draft EIR and related documents, correspondence and studies • Contract with traffic consultant as subconsultant • Coordinate and conference with traffic consultant and City re analysis, comments and final letter • Draft comment letter to County of Ventura(on Draft EIR) re compliance with CEQA Estimated 80 hours at $350 = $28,000. Traffic subconsultant review and comment estimated at$10,000. 3 THE SOHAGI LAW GROUP, PLC Steve Kueny, City Manager City of Moorpark March 25, 2015 Page 2 Subsequent Optional Tasks [Note: Optional tasks are not included in the above budget estimate and do not include litigation.] • Attend closed sessions with Moorpark City Council • Review Final FIR and related documents, correspondence and studies • Prepare comment letter on Final EIR • Prepare submittal to County of Ventura Planning Commission re compliance with CEQA • Appear at County of Ventura Planning Commission hearing • Prepare and file appeal to County of Ventura Board of Supervisors • Prepare submittal to County Board of Supervisors re compliance with CEQA • Appear at County of Ventura Board of Supervisors hearing • Prepare Public Records Act request(s)to County of Ventura I will be the attorney primarily responsible for this matter with assistance by others as needed. Nothing in this agreement and nothing in our statements to you will be construed as a promise or guarantee about the outcome of your matter. Our fees are set out in the attached rate sheet. If this accurately summarizes your understanding, please indicate your acceptance by signing, dating and returning this letter. We look forward to working with the City on this matter. Please do not hesitate to contact me should you have any questions or need more information. Very truly yours, MARGARET MOORE SOHAGI of THE SOHAGI LAW GROUP, PLC APPROVED AND ACCEPTED: Steve Kueny City Manager City of Moorpark 4 THE SOHAGI LAW GROUP,PLC THE SOHAGI LAW GROUP, PLC HOURLY RATES CLIENT shall pay ATTORNEY the fees and necessary expenses calculated in accordance with the hourly rates and expense method of billing identified below. Fees and expenses are to be charged as set forth below. CLIENT will not pay ATTORNEY for travel time. CLIENT will reimburse ATTORNEY for the actual expenses related to the travel. ATTORNEY structures its services with a primary partner contact for each client. MARGARET MOORE SOHAGI will act as the principal partner contact. She will be responsible for coordinating all matters pertaining to the matter as well as all billing, staffing needs, and regular reports. ATTORNEY's hourly rates are as follows: Principal: $350 Partner $350 Counsel I: $3$0 Counsel II: $325 Associate Ii . $300: Associate II: $275 Associate III: $250 Paralegal: $125 Law Clerk; ` $1:75 Travel: Actual Expense Only Lodging and Meals: Actual—Not to exceed CLIENT per diem without prior authorization. ATTORNEY bills monthly for work performed and costs advanced. ATTORNEY bills all overhead expenses, such as long distance telephone charges, facsimile transmission charges,photocopying and delivery expenses, as costs advanced. All overhead expenses will be billed at ATTORNEY's cost. W:\C1,394\003\00352825.000 5