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Home My WebLink AboutAGENDA REPORT 2016 0217 CC SPC ITEM 05A ITEM 5.A. CITY OF MOORPARK,CALIFORNIA City Council Meeting of a2-11 2o, 4, MOORPARK CITY COUNCIL A :71,fitA-na ill a� AGENDA REPORT han , `fu aoib 3 77. BY: 177, idios TO: Honorable City Council FROM: David A. Bobardt, Community Development Director DATE: February 16, 2016 (CC Special Meeting of 2/17/2016) SUBJECT: Consider 1) Amendment to Professional Services Agreement with Sohagi Law Group Authorizing Additional Services Regarding the Wayne J Sand and Gravel Mine Expansion Project EIR; 2) Resolution Amending the Fiscal Year 2015-2016 Budget by Appropriating $50,000.00 from the General Fund (1000) for Additional Services by The Sohagi Law Group Related to the Wayne J Sand and Gravel Mine Expansion Project EIR; and 3) Authorization of City Manager to Submit Appeal of County Planning Commission Approval of Wayne J Sand and Gravel Mine Expansion Project PL13-0116 BACKGROUND/DISCUSSION Agreement with The Sohagi Law Group for Review of EIR On March 13, 2015, the City received a Draft ER from the County of Ventura for the Wayne J Sand and Gravel Mine Expansion. This facility is located north of Moorpark adjacent to State Route 23 (Grimes Canyon Road). A Modification to the existing Conditional Use Permit would 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, and add asphalt and concrete recycling to the operation, which had previously been allowed but not built. On April 8, 2015, the City Council approved the retention of The Sohagi Law Group to review this Draft EIR and prepare comments on behalf of the City for a not-to-exceed cost of $50,000.00, with funding from the City's General Fund. Comments on the Draft EIR were submitted to the County on April 30, 2015. The total expenses for the review of the Draft EIR were for approximately $34,000, leaving $16,000 in the agreement for additional tasks, including preparation of comments on the Final EIR. 1 Honorable City Council February 17, 2016 Special Meeting Page 2 Community Development staff was notified by the County of the availability of a Final EIR for this project on January 13, 2016, with County Planning Commission consideration of the permit on February 11, 2016. The Sohagi Law Group submitted a proposal not-to-exceed $50,000 to review and prepare comments on the Final EIR. This would require an amendment to the existing Professional Services Agreement for approximately $34,000 for additional services and an amendment to the FY 2015-2016 budget to appropriate $50,000 from the General Fund, since no funds have been designated for these services. Given the short time frame for reviewing the Final EIR and the significance of the project impacts on Moorpark, the City Manager authorized work to proceed. Comments on the Final EIR were submitted to the County on February 5, 2016. The comment letter, previously distributed to the City Council, identified significant new information in the Final EIR that would require recirculation. The City Council is now being asked to authorize the execution of this agreement and amend the FY 2015-2016 budget to appropriate funds for this work. Appeal of Planning Commission Approval On February 11, 2016, the County Planning Commission held a public hearing on the Wayne J Sand and Gravel Mine Expansion Project, PL13-0116. City staff appeared at the hearing and expressed opposition to the approval without its mitigation of impacts on Moorpark. After taking testimony, the Planning Commission certified the EIR without recirculation and approved the project, with the addition of the following conditions above and beyond the County staff recommendation: 1. To accept a $25,000 contribution proposed by the applicant for soundproofing of homes on SR-23 in Fillmore, Unincorporated County, and Moorpark 2. To accept a condition proposed by the applicant that the applicant agrees to participate in a fair share contribution to the SR-23 bypass if the City of Moorpark completes a final bypass road design, secures a licensed engineer's cost estimate, and secures all real property rights and project approvals necessary to build the road, and adopts a fair share contribution funding mechanism that together with other documented and secured sources of financing, is sufficient to fully fund construction of the bypass. 3. That the project will contribute to a fair share traffic fund for Fillmore. 4. That the project will require trucks to use the most direct State Highway. As of the preparation of this staff report, the wording of the additional conditions was not yet available. Nonetheless, the project continues to avoid meaningful mitigation of impacts on Moorpark and places the burden of a bypass solution entirely on the City of Moorpark, even though the need for the bypass is created by the County approval of projects with excessive truck traffic impacts. FISCAL IMPACT Staff recommends that the City Council appropriate $50,000 from the General Fund Reserves for the additional services. 2 Honorable City Council February 17, 2016 Special Meeting Page 3 STAFF RECOMMENDATION 1. Authorize the City Manager to execute an amendment to the professional services agreement with The Sohagi Law Group for an increase of $34,000 to the previous not-to-exceed cost of $50,000 for a new total not-to-exceed cost of $84,000 without prior City Council authorization, subject to final language approval of the City Manager and City Attorney. 2. Adopt Resolution No. 2016- 3. Authorize the City Manager to submit an appeal of the County Planning Commissions approval of the permit for the Wayne J Sand and Gravel Facility. Attachment: Resolution No. 2016- 3 RESOLUTION NO. 2016 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA AMENDING THE FISCAL YEAR 2015-2016 BUDGET BY APPROPRIATING $50,000.00 FROM THE GENERAL FUND (1000) FOR ADDITIONAL SERVICES BY THE SOHAGI LAW GROUP RELATED TO THE WAYNE J SAND AND GRAVEL MINE EXPANSION PROJECT EIR WHEREAS, on June 17, 2015 the City Council adopted the Operating and Capital Improvement Budget for Fiscal Year 2015-2016; and WHEREAS, at a Special Meeting on February 17, 2016, a staff report has been presented to the City Council summarizing the need to amend the Operating and Capital Improvement Budget for Fiscal Year 2015-2016 for additional services by The Sohagi Law Group related to the Wayne J Sand and Gravel Mine Expansion Project EIR; and WHEREAS, a budget appropriation increase of $50,000.00 in the General Fund (1000) is requested for these additional services; and WHEREAS, Exhibit "A" 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$50,000.00, 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 day of February, 2016. Janice S. Parvin, Mayor ATTEST: Maureen Benson, City Clerk Attachment: Exhibit'A': Budget Appropriation 4 Resolution No. 2016- Page 2 Exhibit A Budget Amendment for General Fund For Additional Services from The Sohagi Law Group Regarding the Wayne J Sand and Gravel Mine Expansion EIR FY 2015-2016 A. Fund Allocation Fund Description Account _ Amount General Fund 1000-5500 $50,000.00 Total $50,000.00 B. Appropriation Allocation Budget Number Adopted Budget Revised Budget Change Budget 1000-6440-0000-9122 $ 0 $50,000.00 $50,000.00 Total $ 0 $50,000.00 $50,000.00 Finance Approval: U Attachment: Proposal 5 MARGARET MOOR $O NICOLE HDEKSMA GORDON THE SOHAGI LAW GROUP A PROFESSIONAL LAW CORPORATION SACRAMENTO OFFICE R. TYSON SOHAGI 11999 SAN VICENTE BOULEVARD, SUITE 150 1104 CORPORATE WAY LOS ANGELES, CALIFORNIA 90049-5136 SACRAMENTO, CALIFORNIA 95$31 LAUREN K. CHANG TELEPHONE (310) 475-5700 TELEPHONE (916) 395-4491 FACSIMILE (31o) 475-5707 FACSIMILE (916) 395-4492 ALBERT I. HERSON THOMAS JACOBSON www.sohagi.com ALISON L. KRUMBEIN L2i ANNE C.H. LYNCH `TY HELENE V. SMOOKLER PHILIP A. SEYMOUR OF COUNSEL January 25, 2016 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 Final 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 Final EIR's traffic analysis, and to provide technical advice related to transportation issues. The City of Moorpark has remaining budget for this matter in the amount of $16,066.01. Pursuant to the rate sheet attached, The Sohagi Law Group will perform the following tasks (time and materials) with an additional budget not to exceed $33,933.99 (including any subconsultant) without prior authorization, for a total of $50,000. SLG Tasks requested by City: • Review of Final 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 Final EIR) re compliance with CEQA Estimated 80 hours at $350 = $28,000. Traffic subconsultant review and comment estimated at $10,000. 6 THE SOHAGI LAW GROUP, PLC Steve Kueny, City Manager City of Moorpark January 25, 2016 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 • Appear at County of Ventura Planning Commission hearing • Prepare and file appeal to County of Ventura Board of Supervisors to 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 7 THE SOHAGI LAW GROUP,PLC THE SOHAGD LAW ORSUP, 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: $350 Counsel II: $325 Associate I: $300 Associate II: $275 ! Associate III: $250 Paralegal: $125 Law Cleric $175 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:\C\394\003\00386226.DOC 8