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Home My WebLink AboutAGENDA REPORT 2017 0621 CCSA REG ITEM 10O ITEM 10.0. CITY OF MOORPARK,CA UFORNI'\ City Council Meeting MOORPARK CITY COUNCIL AC` ION:/1,nll AGENDA REPORT TO: Honorable City Council FROM: David A. Bobardt, Community Development Director DATE: June 13, 2017 (CC Meeting of 6/21/2017) SUBJECT: Consider 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 Adoption of Resolution Amending the Fiscal Year 2017-2018 Budget by Appropriating $116,000.00 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, 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 plant 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 $34,000.00, leaving $16,000.00 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 $34,000.00 for additional services related to review of the Final EIR, and an amendment to the FY 2015-2016 budget to 199 Honorable City Council June 21, 2017 Page 2 appropriate $50,000.00 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. On May 18, 2016, the City Council authorized an amendment to the agreement for expense related to the initiation of litigation and preparation of the Administrative Record, adding $100,000.00 from the General Fund reserves to bring the total not-to- exceed amount of the agreement to $184,000.00 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 Opening Briefs for the court hearing on this matter. FISCAL IMPACT Staff recommends that the City Council appropriate $116,000.00 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 $116,000.00 to the previous not-to-exceed cost of $184,000.00 for a new total not-to-exceed cost of $300,000 without prior City Council authorization, subject to final language approval of the City Manager. 2. Adopt Resolution No. 2017- Attachment: Resolution No. 2017- 200 RESOLUTION NO. 2017- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA AMENDING THE FISCAL YEAR 2017-2018 BUDGET BY APPROPRIATING $116,000.00 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 21, 2017 the City Council adopted the Operating and Capital Improvement Budget for Fiscal Year 2017-2018; and WHEREAS, on April 8, 2015, the City Council approved the retention of The Sohagi Law Group to review a Draft EIR related to the Wayne J Sand and Gravel Mine Expansion project for a not-to-exceed cost of $50,000.00, of which approximately $34,000.00 was used for this review; 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, on May 18, 2016, the City Council adopted Resolution No. 2016- 3506, appropriating an additional $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 Environmental Impact Report (EIR); and WHEREAS, the Fiscal Year 2017-2018 budget, adopted on June 21, 2017, includes $50,000.00 for legal services already authorized; and WHEREAS, at its meeting on June 21, 2017, a staff report has been presented to the City Council summarizing the need to amend the Operating and Capital Improvement Budget for Fiscal Year 2017-2018 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 $116,000.00 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. 201 Resolution No. 2017- Page 2 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$116,000.00 from the General Fund (1000), 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 21st day of June, 2017. Janice S. Parvin, Mayor ATTEST: Maureen Benson, City Clerk Attachment: Exhibit'A': Budget Appropriation 202 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 2017-2018 A. Fund Allocation Fund Description Account Amount General Fund 1000-33990 $116,000.00 Total $116,000.00 B. Appropriation Allocation Budget Number Adopted Budget Revised Budget Change Budget 1000-161-00000-51040 $50,000.00 $116,000.00 $166,000.00 Total $50,000.00 $116,000.00 $166,000.00 Finance Approval: Q., 203