HomeMy WebLinkAboutAGENDA REPORT 2016 0518 CCSA REG ITEM 10E ITEM 10.E.
CITY OF MOORPARK,CALIFORNIA
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MOORPARK CITY COUNCIL l •_, oi4 —
AGENDA REPORT BY'
TO: Honorable City Council
FROM: David A. Bobardt, Community Development Director13
DATE: May 10, 2016 (CC Meeting of 5/18/2016)
SUBJECT: Consider: 1) Amendment to Professional Services Agreement with
Sohagi Law Group Authorizing Additional Services Regarding the
County of Ventura's Approval of Wayne J Sand and Gravel Mine
Expansion; and 2) Resolution Amending the Fiscal Year 2015-2016
Budget by Appropriating $100,000.00 from the General Fund (1000)
for Additional Services by The Sohagi Law Group Related to the
Wayne J Sand and Gravel Mine Expansion Project
BACKGROUND/DISCUSSION
On March 13, 2015, the City received a Draft EIR 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.
On February 17, 2016, the City Council authorized an amendment to the existing
Professional Services Agreement for approximately $34,000 for additional services
related to review of the Final EIR, and an amendment to the FY 2015-2016 budget to
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Honorable City Council
May 18, 2016
Page 2
appropriate $50,000 from the General Fund, since no funds have been designated for
these services. At this meeting the City Council also authorized the City Manager to
appeal the County Planning Commission's February 11, 2016 certification of the Final
EIR and approval of the permit expansion. On May 3, 2016, the Board of Supervisors
considered the City's appeal, certified the Final EIR, and approved the permit
expansion. Like the County Planning Commission's action, the Board did not require
meaningful mitigation of the impacts of this project on Moorpark, especially with respect
to truck traffic impacts.
The City Council is now being asked to authorize the execution of an amendment to the
agreement with The Sohagi Law Group to allow for further work on this matter. They
are currently working to prepare the Administrative Record.
FISCAL IMPACT
Staff recommends that the City Council appropriate $100,000 from the General Fund
Reserves for the additional services.
STAFF RECOMMENDATION (Roll Call Vote)
1. Authorize the City Manager to execute an amendment to the professional
services agreement with The Sohagi Law Group for an increase of $100,000 to
the previous not-to-exceed cost of $84,000 for a new total not-to-exceed cost of
$184,000 without prior City Council authorization, subject to final language
approval of the City Manager and City Attorney.
2. Adopt Resolution No. 2016-
Attachment: Resolution No. 2016-
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RESOLUTION NO. 2016 -
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MOORPARK, CALIFORNIA AMENDING
THE FISCAL YEAR 2015-2016 BUDGET BY
APPROPRIATING $100,000.00 FROM THE
GENERAL FUND (1000) FOR ADDITIONAL
SERVICES BY THE SOHAGI LAW GROUP
RELATED TO THE WAYNE J SAND AND GRAVEL
MINE EXPANSION PROJECT
WHEREAS, on June 17, 2015 the City Council adopted the Operating and Capital
Improvement Budget for Fiscal Year 2015-2016; and
WHEREAS, on February 17, 2016, the City Council adopted Resolution No.
2016-3477, 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 Environmental Impact Report (EIR); and
WHEREAS, at its meeting on May 18, 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 and
WHEREAS, a budget appropriation increase of$100,000.00 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 item.
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$100,000.00
from the General Fund (1000), as more particularly described in Exhibit "A", is hereby
approved.
CC ATTACHMENT
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Resolution No. 2016-
Page 2
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 18th day of May, 2016.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Attachment: Exhibit 'A': Budget Appropriation
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Resolution No. 2016-
Page 3
Exhibit A
Budget Amendment for
General Fund
For Additional Services from The Sohagi Law Group
Regarding the Wayne J Sand and Gravel Mine Expansion Project
FY 2015-2016
A. Fund Allocation
Fund Description Account Amount
General Fund 1000-5500 $100,000.00
Total $100,000.00
B. Appropriation Allocation
Budget Number Adopted Budget Revised
Budget Change Budget
1000-6440-0000-9122 $50,000.00 $100,000.00 $150,000.00
Total $50,000.00 $100,000.00 $150,000.00
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Finance Approval: a
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