HomeMy WebLinkAboutAGENDA REPORT 2017 1018 CCSA REG ITEM 09A ITEM 9.A.
CITY OF 00 R K,CALIFORNIA
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MOORPARK CITY COUNCIL AcTioK' Aidahe
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TO: Honorable City Council
FROM: Brian Chong, Administrative Services Manager
DATE: October 10, 2017 (CC Meeting of 10/18/2017)
SUBJECT: Consider Purchase of 125 Acres of Open Space from Waste
Management, Inc. at a Cost of $1,500,000 in the Vicinity of Moorpark
College and Related Actions as Part of the Moorpark North-East Open
Space Property Purchase Project; Consider Finding that the Project is
Exempt from the Provisions of the California Environmental Quality Act;
Consider a Resolution Amending the Fiscal Year 2017/18 Budget for the
Project to a Total of $1,675,000; Consider Amendment to Agreement
with Tabbara Corporation to Complete a Phase 2 Environmental Site
Assessment in the amount of$52,850, Plus a Contingency of$10,000
for a Total Cost of $62,850; and Consider Direction to Purchase an
Additional 130 Acres of Open Space from Waste Management, Inc. in
the Vicinity of Moorpark College
BACKGROUND
In 2014, the County of Ventura and the City of Moorpark executed a Memorandum of
Understanding (MOU) whereby the County would provide to the City a portion of the
Sustainability Fees paid by the Simi Valley Landfill and Recycling Center. Specifically,the
MOU provides the City with $1,500,000 to fund the acquisition of open space in the
northerly and easterly vicinity of the Moorpark College area. Following discussions with
several property owners in the eligible area, on July 5, 2017, staff advised the City Council
that it was actively negotiating with Waste Management to purchase 125 acres of property
located east of Moorpark College and immediately north of the 118 Freeway. Staff further
noted that environmental due diligence and civil engineering work would be required before
the property could be transferred. The City Council received the report and voted to extend
the MOU with the County from September 30, 2017 to December 31, 2017. The Ventura
County Board of Supervisors subsequently also approved the extension of the MOU.
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Honorable City Council
October 18, 2017 Regular Meeting
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The City Council's Priority Objectives for FY 2017/2018 and FY 2018/2019 include the
following goal:
Acquire property and easements for open space purposes to meet City's
obligation as part of Sustainability Fee Memorandum of Understanding with
County of Ventura...
The recommended actions by the City Council are a key milestone toward accomplishing
this goal.
To continue with the Moorpark North-East Open Space Property Purchase Project,various
City Council actions are needed at this time on a number of project fronts:
1. Find that the Moorpark North-East Open Space Property Purchase Project is
categorically exempt from CEQA.
2. Provide additional budget authority to complete the project.
3. Authorize the City Manager to sign Amendment No. 3 to the Agreement with
Tabbara Corporation.
4.' Authorize the City Manager to sign a Purchase and Sale Agreement and related
documents to complete the project.
5. Approve a conservation easement to the County of Ventura.
It is also recommended, as discussed later in this report, that the City Council direct the
City Manager to negotiate a Purchase and Sale Agreement to purchase the remaining
open space owned by Waste Management north of the 118 Freeway and located within the
City limits (approximately 130 acres).
DISCUSSION
Approval of Property to Be Purchased Using MOU Funds
Over the past year, City staff met with several property owners in the vicinity of Moorpark
College where the County's MOU funds could be expended, including Waste Management
and Coastline RE Holdings, Inc., who owns vacant property to the north of Waste
Management's property and the Moorpark City limits.
On July 5, 2017, staff advised the City Council it was actively negotiating with Waste
Management to purchase 125 acres of open space property located east of Moorpark
College and immediately north of the 118 Freeway, at a price of$1,500,000. This figure is
based on a$12,000 per acre cost that Waste Management acquired the site for and based
on the cost that the Rancho Simi Recreation and Park District (RSRPD) paid Waste
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Honorable City Council
October 18, 2017 Regular Meeting
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Management for adjacent open space property located immediately east of Moorpark in
Alamos Canyon.
As part of the MOU, the County must approve the property being purchased with the MOU
funds. City and County staff have worked together to identify a 125-acre site that met the
County goals of including the property's entire frontage along the 118 Freeway and of
permanently protecting the ridgelines and areas visible from the 118 Freeway as open
space. The proposed 125-acre purchase area is shown below in yellow.
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Based on the County's goals, the above area is shaped to include the entire property
frontage along the 118 Freeway and the hillsides and ridgelines visible from the freeway.
At the property's southwest corner, there are two lots between the residential development
to the west. One is owned by the Ventura County Watershed Protection District and
consists of a concrete flood control channel and an access road for it. The other is a
separately-owned private vacant lot immediately adjacent to the flood control channel.
That lot has access and utility easements over the westernmost edge of Waste
Management-owned property to connect to Campus Park Drive.
There is also an existing lot in the middle of the proposed purchase area. That lot is
owned by Ventura County Waterworks District No. 1 and contains water tanks servicing the
surrounding area. No changes to that lot are proposed.
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Honorable City Council
October 18, 2017 Regular Meeting
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The proposed purchase area is mostly zoned ,
as OS (Open Space), with a small portion of
the extreme southwest corner zoned as OS-
40AC (Open Space, with a minimum lot size
of 40 acres). The Zoning Map for the
purchase area and surrounding properties is
shown to the right.
7fi
Conservation Easement
As a condition of using the County MOU
Funds to purchase the open space, the City Ilk
must grant the County a conservation
easement over the lot. City and County staff have negotiated a draft easement document,
reviewed and approved by the City Attorney(and provided as Attachment 2), that provides
for the following:
• Allows passive recreational activities such as hiking, jogging, bicycling, and
horseback riding;
• Requires Ventura County Board of Supervisors approval of any Improvement
Plan describing the physical improvements and activities to occur on the
property;
• Specifies that the City is responsible for maintaining the property and any
improvements thereon;
• Prohibits active recreational uses and activities such as hunting, use of
motorized vehicles for recreation, and use of drones from the property;
• Prohibits planting, gardening, introducing, or dispersing any non-native plant or
animal species;
• Requires City and County approval to amend the easement document.
While the City does not have an established plan for the property at this time, staff
anticipates that future plans will consist of a trail system across the site to connect to the
Rancho Simi Recreation and Park District(RSRPD)trail system in Alamos Canyon, located
east of the City limits. Such use would be allowed within the easement area, subject to
County approval of an associated Improvement Plan.
If the City Council decides in the future to pursue more substantial improvements, such as
a hilltop Visitor's Center, on the property purchased using the MOU funds, the Ventura
County Board of Supervisors would need to approve the proposal as consistent with the
easement language, or amend the easement(with a corresponding City Council approval)
to allow such use.
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Honorable City Council
October 18, 2017 Regular Meeting
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Additional Budget Authority for Project
The MOU allows the $1,500,000 in County funds to be used for both land acquisition and
the acquisition costs (such as civil engineering, surveying, environmental, legal, title, and
escrow services). As such, as part of the City's FY 2017/18 Budget, the City Council
appropriated $1,400,000 toward land acquisition and the remaining $100,000 of the MOU
funds toward the acquisition costs.
At this time, it is recommended that the City Council appropriate an additional $100,000
from the City's Endowment Fund toward land acquisition to maximize the purchase area
being acquired as part of the project and enable purchase of the full 125 acres of open
space. In effect, the full $1,500,000 of MOU funds will go toward the actual land
acquisition, while the City's Endowment Fund, which is funded by developer fees, will pay
for the soft costs. At$12,000 per acre, a $1,400,000 purchase would result in a purchase
area of 116.67 acres.
Additionally, it is requested that the City Council appropriate an additional$75,000 from the
City's Endowment Fund toward the contractual and legal services associated with the land
acquisition. This appropriation is largely due to the larger than anticipated scope of
environmental study required for the project, which is described later in this report.
The attached budget amendment (Attachment 1) would make these appropriations and
establish a total project budget of $1,675,000 for the Moorpark North-East Open Space
Property Purchase Project, consisting of$1,500,000 for land acquisition and $175,000 for
associated acquisition costs.
Direction to Purchase Additional 130 Acres of Open Space with City Funds
During negotiations, Waste Management expressed a willingness to sell the entirety of its
open space within the Moorpark City Limits north of the 118 Freeway. As such,
approximately 130 additional acres are available for the City to purchase, as shown on the
following page.
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Honorable City Council
October 18, 2017 Regular Meeting
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Because the above property is not within the purchase area of the County MOU funds, it
would not be subject to the language of the conservation easement or require approval of
the Ventura County Board of Supervisors. Based on the topography of the area and the
location of streets, a parking lot for a trailhead system and/or a visitor's center would be
most appropriately located in the southwestern corner of this City-purchased area, not
subject to County approval of an Improvement Plan.
Acquiring this property will further protect the open space and hillsides surrounding the City
and also expand opportunities to grow the City's trail systems and to connect to the east
with the RSRPD's trail systems in Alamos Canyon.
Environmental Due Diligence
Prior to acquiring any property, the City completes environmental due diligence on the
property to identify any environmental hazards on the property and to shield the City from
assuming liability for such hazards existing at the time of the City's purchase. More
specifically, the City should comply with the All Appropriate Inquiries (AAI) standard under
the federal Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA) and the state's Carpenter-Presley-Tanner Hazardous Substance Account Act.
If the City completes an AAI investigation, then it will become eligible for an "Innocent
Landowner" defense under CERCLA, whereby the City can shield itself from liability when
a hazardous substance release was caused solely by a third party. An AAI investigation
typically consists of two phases:
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Phase 1 Study—A Phase 1 Study is mainly a records search to gather information
regarding the past use of the property to determine the likelihood of environmental
contamination. If a Phase 1 Study identifies any Recognized Environmental Conditions
(RECs), then a Phase 2 Study is completed.
Phase 2 Study — A Phase 2 Study is a physical investigation into the actual
condition of the property looking for potential contamination, based on the results of the
Phase 1 Study.
For the open space area located east of Moorpark College, staff has initiated
environmental review of both the 125 acres proposed for purchase using the MOU Funds
and the remaining 130 acres of open space owned by Waste Management north of the
118 Freeway. There is a history of past and present oil field land uses on the property,
with both active and inactive sites. A Phase 1 Study commissioned by the City concluded
that the oil field activities were more substantial than was apparent in a visual survey of the
property in its current condition and likely also resulted in oil-related contamination of the
site, both at drill sites and along oil pipelines that crisscross the property. The Phase 1
Study further concluded that a Phase 2 Study was appropriate to confirm sites of
contamination.
Because of the vastness of the property, the City commissioned a geophysical survey of
the site to precisely locate sump pits and any underground pipelines that may have leaked
prior to initiating a Phase 2 Study. By doing so, the amount of soil sampling needed to
complete the Phase 2 Study would be reduced, and the City would achieve savings
because the cost of the geophysical survey would be more than recouped by having a
smaller subject area for a Phase 2 Study. The geophysical survey was completed and
identified multiple petroleum pipelines,water lines, and electrical lines, as well as potential
sump pits and one buried metal structure.
The next step in the environmental due diligence process is for the City to commission the
Phase 2 Study for the project.
Amendment to Agreement with Tabbara Corporation
Tabbara Corporation (Tabbara) is an environmental consulting firm that has been hired by
the City to do numerous environmental studies in recent years. This year, on June 28,
2017, the City Manager executed a $4,650 agreement with Tabbara to complete a
geophysical survey to locate storage tanks at 500 Los Angeles Avenue (this work is not
related to the open space purchase). While that work was underway, on July 28,2017,the
City Manager executed Amendment No. 1 of the agreement, which added a Phase 1
Environmental Site Assessment for open space located to the east of Moorpark College at
a cost of$5,700. On October 3, 2017, the City Manager executed Amendment No. 2 of
the agreement to add a geophysical survey for the open space area at a cost of$11,875.
To date, the total contract value is $22,225.
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October 18, 2017 Regular Meeting
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On October 10, 2017, following completion of the geophysical survey, Tabbara provided
the City with a quote to complete a Phase 2 Environmental Site Assessment for the open
space. The estimated cost of the Phase 2 study is$52,850. However, staff recommends
that the contract also provide for a $10,000 (approximately 19%) contingency, due to the
potential for initial drilling and soils testing to trigger the need for supplemental work.
Therefore, staff recommends that the amendment be awarded in the amount of$52,850,
plus a project contingency of$10,000, for a total cost of up to $62,850. The total value of
the contract would then be $75,075, plus $10,000 for the project contingency, for a total
value of$85,075.
Because the total value of the City's agreement with Tabbara exceeds the signature
authority of the City Manager, City Council approval of the agreement amendment
(Attachment 3) is required.
Future Related Actions by City Council
Although City Council authorization for the City Manager to execute the necessary
Purchase and Sale Agreement and related documents needed to complete the Moorpark
North-East Open Space Property Purchase is recommended, it is possible that additional
future City Council actions will be required. For example,as environmental due diligence is
still underway, discovery of significant environmental hazards may warrant further City
Council review.
The City will also need to provide for weed abatement and other general maintenance of
the property, once acquired. A subsequent contract(or amendment to an existing contract)
for property maintenance services may require City Council action, depending on the
length and cost of the contract.
Terms of a subsequent purchase for the 130 additional acres will also require subsequent
City Council review.
ENVIRONMENTAL REVIEW
The Community Development Director has reviewed the recommended City Council
actions and determined that they are categorically exempt from the provisions of the
California. Environmental Quality Act (CEQA). The Director has concluded that the
proposed purchase of open space is exempt to CEQA pursuant to Section 15317 of the
CEQA Guidelines,which specifically exempts the acceptance of fee interests or easements
in land in order to maintain the open space character of the area. The Director has further
concluded that the proposed project is also exempt to CEQA pursuant to Section 15325,
which exempts the acquisition of land to preserve open space and specifically includes the
acquisition of land for park purposes.
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FISCAL IMPACT
Approval of Resolution No. 2017- will increase the total Moorpark North-East Open
Space Property Purchase Project budget from $1,500,000 to $1,675,000, consisting of
$1,500,000 in County MOU Funds and $175,000 using the fund balance in the City's
Endowment Fund.
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STAFF RECOMMENDATION ROLL CALL VOTE
1. Find that the Moorpark North-East Open Space Property acquisition is categorically
exempt from CEQA, pursuant to Sections 15317 and 15325 of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3.
2. Adopt Resolution No. 2017- , approving a budget amendment to the Fiscal Year
2017/18 budget to add $100,000 for land acquisition and $75,000 for acquisition
costs, for a total project budget of$1,675,000.
3. Approve Amendment No. 3 to the Agreement with Tabbara Corporation, and
authorize the City Manager to sign it, subject to final language approval by the City
Manager.
4. Authorize the City Manager to sign a Purchase and Sale Agreement, and related
documents, subject to final language approval by the City Manager and City
Attorney,to acquire the 125 acres comprising the Moorpark North-East Open Space
Property Purchase Project, as described in the staff report, from Waste
Management at a cost of$1,500,000.
5. Approve a conservation easement, subject to the City Manager's and City Attorney's
final language approval, to the County of Ventura on the property purchased with
the County's MOU funds.
6. Direct the City Manager to negotiate a Purchase and Sale Agreement to purchase
the remaining 130 acres of open space owned by Waste Management north of the
118 Freeway and located within the City limits.
Attachment 1: Resolution No. 2017-
Attachment 2: Draft Conservation Easement
Attachment 3: Amendment No. 3 to Agreement with Tabbara Corporation
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ATTACHMENT 'I
RESOLUTION NO. 2017-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING THE FISCAL
YEAR 2017/18 BUDGET BY INCREASING
EXPENDITURES BY $175,000 FOR THE MOORPARK
NORTH-EAST OPEN SPACE PROPERTY PURCHASE
PROJECT
WHEREAS, on June 21, 2017, the City Council adopted the Operating and
Capital Improvement Budget for Fiscal Year 2017/18, including funding for the Moorpark -
North-East Open Space Property Purchase Project; and
WHEREAS, a staff report has been presented to the City Council discussing the
need for a budget amendment to provide additional funding for the Moorpark North-East
Open Space Property Purchase Project; and
WHEREAS, Exhibit "A" hereof describes said budget amendment and its
resultant impact to the project budget line items.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. A Fiscal Year 2017/18 budget amendment to appropriate an
additional $175,000 in the Moorpark North-East Open Space Property Purchase
Project, as more particularly described in Exhibit "A," attached hereto, is hereby
approved.
SECTION 2. That the City Clerk shall certify to the passage and adoption of
this Resolution and shall enter it into the book of original resolutions.
PASSED AND ADOPTED this 18th day of October, 2017.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
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Resolution No. 2017-
Page 2
EXHIBIT A
BUDGET AMENDMENT FOR
ENDOWMENT FUND
CAPITAL IMPROVEMENTS
MOORPARK NORTH-EAST OPEN SPACE PROPERTY PURCHASE
FY 2017/18
FUND BALANCE ALLOCATION:
Fund Title Fund-Account Number Amount
Endowment Fund 2018-33990 $ 175,000.00
Total $ 175,000.00
EXPENDITURE APPROPRIATION:
Account Number Current Budget Revision Amended Budget
2018.173.L0074.55100 $ 1,400,000.00 $ 100,000.00 $ 1,500,000.00
2018.173.L0074.51000 $ 80,000.00 $ 65,000.00 $ 145,000.00
2018.173.L0074.51040 $ 20,000.00 $ 10,000.00 $ 30,000.00
$ - $ - $
$ - $ - $
Total $ 1,500,000.00 $ 175,000.00 $ 1,675,000.00
Finance Approval.
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ATTACHMENT 2
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
County of Ventura
County Executive Office
800 S. Victoria Avenue L#1940
Ventura, CA 93009
With copy to to:
City of Moorpark
799 Moorpark Ave.
Moorpark, California 93021
Attention: City Clerk
CONSERVATION EASEMENT DEED
For valuable consideration, receipt of which is hereby acknowledged, the City of
Moorpark ("Moorpark" or "Grantor"), grants to the County of Ventura ("County"), a
permanent easement for conservation purposes consisting of the covenants, terms,
conditions and restrictions set forth herein ("Conservation Easement"). This
Conservation Easement shall become effective as of the date of its acceptance by the
County as written below ("Effective Date").
RECITALS
A. On July 29, 2011, the County and Waste Management of California, Inc.
(Waste Management) entered into an Addendum Agreement for a Sustainability Fee at
the Simi Valley Landfill and Recycling Center (Landfill) pursuant to which Waste
Management agreed to provide the County with sustainability fee payments
(Sustainability Fees) for certain solid waste and recovered materials received by the
Landfill originating from outside the County of Ventura.
B. On or about October 28, 2014, the County and Moorpark entered into a
Memorandum of Understanding (MOU) pursuant to which the County agreed to allocate
a portion of the Sustainability Fees to Moorpark in recognition that Moorpark may be
impacted by the additional traffic to the Landfill due to the Addendum Agreement for a
Sustainability Fee.
C. Under the MOU the County agreed to, among other things, provide
Moorpark with up to $1.5 million to help Moorpark acquire open space property which,
following acquisition, the County is to encumber with a conservation easement to
ensure that the property remains as permanent open space in its then-natural condition.
D. In accordance with the MOU and pursuant to the Grant Deed recorded on
, 2017 as Document Number of Official Records of
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the County of Ventura, Moorpark has acquired in fee from Waste Management real
property located in the City of Moorpark, State of California, legally described on
Exhibit"A" hereto (the "Property").
E. In accordance with Sections 2.D. and 2.E. of the MOU, Moorpark grants
this Conservation Easement to the County to ensure that the Property remains as
permanent open space.
F. Except as provided herein, Moorpark and the County wish to preserve the
Property in its present condition as of the Effective Date, as documented by an aerial
photograph of the Property attached hereto as Exhibit "B," to maintain its ecological,
open space, historical, visual, recreational, and educational values (collectively,
"Conservation Values").
G. The County is authorized to hold conservation easements pursuant to Civil
Code Section 815.3, subdivision (b), and is otherwise authorized to acquire and hold
title to real property.
COVENANTS, TERMS, CONDITIONS AND RESTRICTIONS
1. In consideration of the above recitals and the mutual covenants, terms,
conditions, and restrictions contained herein, and pursuant to the laws of the State of
California, including Civil Code Section 815, et seq., Moorpark hereby grants and
conveys to the County, this Conservation Easement in perpetuity over the Property of
the nature and character hereinafter set forth. This Conservation Easement shall run
with the land and be binding on Moorpark's successors, assigns, lessees, and other
occupiers and users of the Property or any portion of it, as set forth herein.
Purpose. The purpose of this Conservation Easement is to prevent uses,
development and degradation of the Property that will impair or interfere with its
Conservation Values (collectively, the "Purpose"). To accomplish the Purpose, this
Conservation Easement will confine the use of the Property to such activities and
improvements described herein that are consistent and compatible with the
Conservation Values, including without limitation, those involving the restoration,
management, and preservation of native plant and animal species and their natural
habitats; the conservation of open space; and passive recreational uses.
2. County's Rights. Grantor hereby grants and conveys the following rights to
County:
(a) To preserve and protect the Conservation Values of the Property;
(b) To enter upon the Property at reasonable times in order to monitor
compliance with and to otherwise enforce the terms of this Conservation Easement,
provided that County shall first notify and obtain written consent, prior to any access
upon the Property, from Grantor, which consent shall not to be unreasonably withheld,
and to immediately enter upon the Property in the event of emergency provided that
notice shall be given in writing to Grantor immediately and not later than 24 hours after
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initial emergency access, and further provided that in either case County shall not
unreasonably interfere with Grantor's use and quiet enjoyment of the Property or the
Property;
(c) To prevent any activity on or use of the Property that is inconsistent
with the covenants, terms, conditions or restrictions of this Conservation Easement and
to require the restoration, at Grantor's sole expense, of such areas or features of the
Property that are damaged.by any act, failure to act, or use that is inconsistent with the
covenants, terms, conditions or restrictions of this Conservation Easement;
(d) All air and water rights necessary to protect and sustain the
Conservation Values of the Property; and
(e) All present and future development rights to the extent such
development is inconsistent with the covenants, terms, conditions or restrictions of this
Conservation Easement.
3. Prohibited Uses. Any activity on or use of the Property that is inconsistent
with the Purpose of this Conservation Easement is prohibited, except to the extent
authorized by a legal interest in the Property pre-dating the Effective Date that is
possessed and exercised by a person or entity other than Grantor or its lessees,
invitees, agents, assigns, employees, representatives or successors. Without limiting
the generality of the foregoing, the following activities and uses by Grantor and its
lessees, invitees, agents, assigns, employees, representatives and successors are
expressly prohibited on the Property, unless and to the extent that any such uses or
activities are specifically required by federal, state, local, or administrative agency
statute, ordinance, rule, regulation, permit, order or requirement (collectively,
"Applicable Law"):
(a) Unseasonable or supplemental watering;
(b) Use of herbicides, pesticides, biocides, fertilizers, or other
agricultural chemicals or weed abatement activities;
(c) Use of off-road vehicles and use of any other motorized vehicles
except (i) on existing roadways, or (ii) to the extent authorized pursuant to Section 4
below;
(d) Grazing or other agricultural activity of any kind;
(e) Active recreational uses and activities including but not limited to
hunting, fishing, use of remote-controlled vehicles, use of motorized vehicles for
recreation, or use of drones while the operator is located on the Property;
(f) Any legal or de facto division, subdivision, or partitioning of the
Property without prior written approval of the County;
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(g) Construction, reconstruction, installation, grading, or excavation of
or for any building, road, above-ground or subsurface pipeline, recreational trail, paved
surface, billboard, sign, fence, or any other structure or improvement (collectively,
"Improvement"), except to the extent authorized pursuant to Section 4 below;
(h) Storing, dumping or disposing of soil, trash, ashes, refuse, waste,
bio-solids, garbage or any other waste material;
(i) Planting, gardening, introducing, or dispersing any non-native plant
or animal species;
(j) Filling, dumping, excavating, draining, dredging, mining, drilling,
removing, exploring for, extracting, or transporting by pipeline or other means any
minerals, oil, produced fluids, natural gas, loam, gravel, soil, rock, sand, or other
material on, from, or across the surface of the Property;
(k) Removing, destroying, or cutting of trees, shrubs, or other
vegetation, except to the extent required (i) for fire protection activities in accordance
with Applicable Law, (ii) to prevent or treat disease, (iii) to control invasive species
which threaten the integrity of the natural habitat or native species, or (iv) to develop or
maintain Improvements authorized pursuant to Section 4 below; and
(I) Manipulating, impounding, or altering any natural watercourse,
body of water or water circulation on the Property, and activities or uses detrimental to
water quality, including but not limited to degradation or pollution of any surface or sub-
surface waters.
Grantor and County acknowledge that, in view of the perpetual nature of this
Conservation Easement, it is impossible to foresee all potential future uses and
Improvements that could occur on the Property. County shall therefore determine in
writing, upon the written request of Grantor or its successors or assigns, whether or not
proposed new uses or Improvements, or proposed modifications to existing uses or
Improvements, which are not contemplated by and/or addressed in this Conservation
Easement, are consistent with the Purpose of this Conservation Easement.
4. Passive Recreational Uses and Related Improvements. Moorpark may
develop and manage portions of the Property to facilitate and manage public passive
recreational uses thereon, including, but not limited to hiking, jogging, bicycling,
horseback riding, nature viewing, and similar low-intensity passive recreational activities
("Passive Recreational Uses") in accordance with an improvement plan
("Improvement Plan") prepared by Moorpark. The Improvement Plan shall, at a
minimum, include: (i) a description and depiction of the location and dimensions of all
trails, signs, structures, parking lots and other Improvements; and (ii) a list of the
activities that will be authorized to occur on the Property. The Improvement Plan, and all
material amendments thereto, must be approved by the Ventura County Board of
Supervisors before implementation.
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5. Grantor's Duties. To accomplish the Purpose of this Conservation
Easement, Grantor and/or its successors and assigns, shall do the following:
(a) Undertake all reasonable actions to prevent the unauthorized entry
onto and use of the Property by persons whose activities conflict with the Conservation
Values; and
(b) Repair and restore any damage to the Property directly or indirectly
caused by Grantor, Grantor'sinvitees, representatives, employees or agents, and third
parties within Grantor's control.
6. Reserved Rights. Grantor reserves unto itself and its successors and
assigns all rights accruing from its ownership of the Property, including the right to
engage in or to authorize or invite others to engage in all uses of the Property that are
authorized by this Conservation Easement.
7. County's Remedies.
(a) If County determines that Grantor is in violation of this Conservation
Easement, or that a violation is threatened, County shall give written notice to Grantor of
such violation and demand in writing the cessation or cure of such violation. Unless
County and Grantor agree to a different cessation or cure date, if Grantor fails to cure
the violation within 30 calendar days after its receipt of said written notice and demand
from County, or the cure reasonably requires more than 30 calendar days to complete
and Grantor fails to begin the cure within the 30 calendar day period or fails to continue
diligently to complete the cure, County may bring an action at law or in equity in a court
of competent jurisdiction to enforce compliance by Grantor with this Conservation
Easement, to recover any damages to which County may be entitled for violation by
Grantor of this Conservation Easement, to enjoin the violation, ex parte as necessary,
by temporary or permanent injunction without the necessity of proving either actual
damages or the inadequacy of otherwise available legal remedies, or for other equitable
relief, including, but not limited to, the restoration of the Property to as close as possible
to the condition in which it existed prior to any such violation or injury. Without limiting
Grantor's liability therefor, County may apply any damages recovered to the cost of
undertaking any corrective action on the Property.
(b) If County, in its sole discretion, determines that circumstances
require immediate action to prevent or mitigate significant damage to the natural
condition of the Property, County may-pursue its remedies under this Conservation
Easement without prior notice to Grantor or without waiting.for the period provided for
cessation or cure to expire. County's rights under this subsection apply equally to actual
or immediately threatened violations of this Conservation Easement. Grantor agrees
that County's remedies at law for any violation of this Conservation Easement are
inadequate and that County shall be entitled to the injunctive relief described in this
subsection, both prohibitive and mandatory, in addition to such other relief to which
County may be entitled, including specific performance of Grantor's obligations under
16
this Conservation Easement, without the necessity of proving either actual damages or
the inadequacy of otherwise available legal remedies.
(c) Enforcement of the terms of this Conservation Easement by County
shall be at the discretion of County, and any forbearance by it to exercise its rights
under this Conservation Easement in the event of any breach of any term of this
Conservation Easement by Grantor shall not be deemed or construed to be a waiver by
County of such term or of any subsequent breach of the same or any other term of this
Conservation Easement or of any of County's rights under this Conservation Easement.
No delay or omission by County in the exercise of any right or remedy upon any breach
by Grantor shall impair such right or remedy or be construed as a waiver.
(d) Nothing contained in this Conservation Easement shall be
construed to entitle County to bring any action against Grantor for any injury to or
change in the Property resulting from causes beyond Grantor's control, including,
without limitation, fire, flood, storm, and earth movement, or from any prudent action
taken by Grantor under emergency conditions to prevent, abate, or mitigate significant
injury resulting from such causes, including but not limited to fire protection activities
carried out pursuant to Applicable Law under emergency conditions.
(e) The rights and remedies of County stated in this Section 7 are
cumulative and in addition to all remedies now or hereafter existing at law or in equity.
8. Costs and Liabilities. Other than as specified herein and except as
designated in this Section 8, this Conservation Easement does not impose any legal or
other responsibility on the County, or in any way affect any existing obligations of the
Grantor as the owner of the Property. Among other things, this shall apply to:
(a) Taxes. Grantor shall be solely responsible for payment of all taxes,
fees, charges, and assessments of any nature, if any, levied on or assessed against the
Property.
(b) Operation and Maintenance. County shall have no duty or
responsibility to perform the management, operation, enhancement, or maintenance of
the Property, the monitoring of dangerous conditions thereon, the remediation of any
contamination or hazardous waste, or the protection of Grantor or any third parties from
risks relating to conditions on the Property.
(c) Defense and Indemnification. Grantor, its successors and assigns
shall hold harmless, protect, defend (with counsel acceptable to County) and indemnify
the County and each of its officials, employees, agents, contractors, representatives
and the agents, successors and assigns of each of them (collectively, "Indemnified
Parties") from and against any and all liabilities, penalties, costs, losses, damages,
expenses (including, without limitation reasonable attorneys' fees and experts' fees),
causes of action, claims, demands, orders, fines, liens, or judgments, arising from or in
any way connected with injury to or the death of any person, physical damage to any
property, or the existence of contamination or hazardous waste on the Property,
17
•
resulting from any act, omission, condition, or other matter arising from or related to the
Property regardless of cause, unless and to the extent caused by the negligence or
willful misconduct of any of the Indemnified Parties.
9. No Public Access Created By Conservation Easement. No right of public
access to or use of any portion of the Property is created or granted by this
Conservation Easement.
10. Subsequent Transfers.
(a) The covenants, terms, conditions, and restrictions of this
Conservation Easement are intended to and shall run with the land and bind all present
and future owners, lessees, assignees, and successors-in-interest of any legal interest
in the Property. Grantor or, if Grantor grants title or interest to a successor, each
successor in ownership of the Property ("Successor") shall: (i) incorporate by reference
to the title of and the recording information of this Conservation Easement in any deed
or other legal instrument by which it divests itself of any interest in all or a portion of the
Property, including, without limitation, a leasehold interest, the terms and conditions of
this Conservation Easement and (ii) give actual notice to any such transferee of the
existence, terms and conditions of this Conservation Easement. Grantor or each
Successor shall give written notice to County of its intent to temporarily or permanently
transfer or lease any ownership or possessory interest in the Property at least 60
calendar days prior to the date of such transfer or lease. The failure of Grantor or a
Successor to perform any act provided in this Section shall not impair the validity of this
Conservation Easement or limit its enforceability in any way.
(b) From and after the date of any non-permanent transfer or lease of
all or any portion of the Property by Grantor or a Successor,. and each transfer
thereafter, the transferee shall be deemed to have jointly and severally assumed and
accepted each of the obligations, restrictions and potential liabilities of Grantor or
Successor under the Conservation Easement as to the portion transferred.
(c) From and after the date of any sale or other permanent conveyance
of all or any portion of the Property by Grantor or a Successor, and each transfer
thereafter, the transferring party shall have no further obligations hereunder except that
liability for acts or omissions by the transferring party occurring prior to said transfer
shall remain the responsibility and liability of the responsible transferring party.
11. Release and Termination. This Conservation Easement may be released
and terminated if, following a public hearing, the Ventura County Board of Supervisors
determines that circumstances have arisen, through no fault or responsibility of Grantor
or a Successor, that render the Purpose of this Conservation Easement impossible to
accomplish. If this Conservation Easement is released and terminated, the County shall
promptly record a notice of such in the official records of the County of Ventura.
12. Amendment. This Conservation Easement may be amended only by
mutual written agreement duly approved by authorized representatives of Grantor and
18
the County, or the parties' respective successors-in-interest. Any amendment must be
consistent with the Purpose of this Conservation Easement. Any amendment must
refer to this Conservation Easement by reference to its recordation date, and must be
recorded in the official records of the County. No alteration, modification or amendment
of this Conservation Easement shall be valid unless it complies with this Section.
13. Compliance with Applicable Law. All uses and Improvements authorized
under this Conservation Easement must comply with Applicable Law. The fact that a
use or Improvement is authorized under this Conservation Easement does not
constitute the County's or other governmental agency's approval or permitting of the
use, structure or other improvement to the extent that such approval or permitting is
separately required under Applicable Law.
14. Notices. Any notices given pursuant to this Conservation Easement
shall be in writing and given by (i) personal delivery, (ii) registered or certified mail,
postage prepaid, return receipt requested, or (iii) nationally recognized overnight
carrier to the parties at the addresses set forth below:
To Moorpark:
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Attn: City Manager
To County:
County of Ventura
800 S. Victoria Avenue L#1940
Ventura, CA 93009
Attn: County Executive Officer
Notice shall be deemed effective upon delivery in the case of personal delivery or
delivery by overnight courier or, in the case of delivery by first class mail, five calendar
days after deposit into the United States mail. Any party may, from time to time, by
written notice to the other, designate a different address for notice, which shall be
substituted for the one specified above.
15. General Provisions.
(a) Controlling Law. The laws of the State of California shall govern
the interpretation and performance of this Conservation Easement.
(b) Liberal Construction. Any general rule of construction to the
contrary notwithstanding, this Conservation Easement shall be liberally construed in
favor of and to effect the Purpose of this Conservation Easement and the policy and
purpose set forth in California Civil Code Section 815, et seq. If any provision is found
to be ambiguous, an interpretation consistent with the Purpose of this Conservation
19
Easement that would render the provision valid shall be favored over any interpretation
that would render it invalid.
(c) Severability. If a court of competent jurisdiction voids or invalidates
on its face any provision of this Conservation Easement, such action shall not affect the
remainder of this Conservation Easement. If a court of competent jurisdiction voids or
invalidates the application of any provision of this Conservation Easement to a person
or circumstance, such action shall not affect the application of the provision to other
persons or circumstances.
(d) Entire Agreement. This instrument, together with the attached
exhibits and any documents specifically referred to herein all of which are incorporated
herein by this reference, set forth the entire agreement of the parties regarding the
subject matter hereof and supersede all prior discussions, negotiations, understandings,
or agreements relating to the Conservation Easement.
(e) No Forfeiture. Nothing contained herein will result in a forfeiture or
reversion of Grantor's title in any respect.
(f) Successors and Assigns. The covenants, terms, conditions, and
restrictions of this Conservation Easement shall be binding upon, and inure to the
benefit of, the parties hereto, each .Successor, and their respective successors and
assigns, and shall constitute a servitude running in perpetuity with the Property. This
Conservation Easement shall be deemed to constitute a servitude and burden upon the
Property within the meaning of Section 3712, subdivision (d), of the California Revenue
and Taxation Code, or successor statute, which survives a sale of tax-deeded property.
(g) Captions. The captions in this instrument have been inserted solely
for convenience of reference and are not a part of this instrument and shall have no
effect upon its construction or interpretation.
(h) No Merger. Should County or any successor in interest to County
come to own all or a portion of the fee interest subject to this Conservation Easement,
there shall be no express or implied merger by operation of law or otherwise. If-any
party should claim such a merger, the parties agree that any and all terms and
conditions of this Conservation Easement shall be deemed covenants and restrictions
upon the Property, which shall run with the land according to California and/or other
applicable law and otherwise exist in perpetuity.
(i) Recitals. The parties stipulate and agree that each of the facts,
statements and representations contained in the RECITALS is accurate. These facts,
statements, and representations are a binding, material part of the Conservation
Easement.
(j) Authority. Grantor has been duly organized, is validly existing, and
is in good standing in the State of California. Grantor has the full right and authority and
has obtained any and all consents and approvals required to convey and enter into this
Conservation Easement and to consummate and carry out the activities contemplated
20
hereby. The individual executing this Conservation Easement on behalf of Grantor is
duly authorized to do so for the purpose of legally binding Grantor to the covenants,
terms, conditions and restrictions contained herein.
IN WITNESS WHEREOF, Grantor has executed and delivered this Conservation
Easement to the County, and the County has accepted this Conservation Easement, on
the dates set forth below.
CITY OF MOORPARK
By:
Name:
Title:
COUNTY OF VENTURA
By:
Name:
Title:
21
CERTIFICATE OF ACCEPTANCE
This is to certify that the Conservation Easement is accepted by the undersigned
officer on behalf of the County of Ventura, and the County of Ventura consents to
recordation thereof by its duly authorized officer.
COUNTY OF VENTURA
By:
Name:
Title:
22
EXHIBIT A
LEGAL DESCRIPTION
Being a portion of Parcel Map Waiver No. SD06-0072, in the City of Moorpark, County of
Ventura, State of California, as recorded June 10, 2008, as Document No. 20080610-00091642
of Official Records of Ventura County, described as follows:
Beginning at the intersection of the northerly line of State Highway 118, as described in the
Anal Order of Condemnation recorded August 7, 1975, as Instrument No. 52910 in Book 4443,
Page 319 of Official Records of Ventura County, with the easterly boundary of the land
described in the Grant Deed recorded December 16, 1963, as Instrument No. 74669 in Book
2446, Page 56 of Official Records of Ventura County; thence along said easterly boundary by
the following two courses:
1st: North 12°10'45" West 177.58 feet; thence,
2nd: North 3049'15" East 140.70 feet to the easterly terminus of the twenty-second course of
Tract 8, as Described in the Notice of Lis Pendens recorded May 19, 1966, as Instrument
No. 26184 in Book 2990, Page 214 of Official Records of Ventura County; thence along
the easterly prolongation of said twenty-second course,
3rd: South 87°03'50" East 342.81 feet to the intersection with a line, passing through the
northeasterly terminus of the second course of said Instrument No. 52910 and having a
bearing of North 11°09'17" East; thence along said line,
4th: North 11°09'17" East 688.42 feet; thence,
5th: North 87°34'18" East 2141.98 feet; thence,
6th: South 16°21'23" East 294.33 feet; thence,
7th: South 58°41'11" East 178.06 feet; thence,
8th: North 46°41'00" East 605.51 feet; thence,
9th: North 79°31'02" East 1275.20 feet to the intersection with a line, passing through the
southeasterly terminus of the ninety-ninth course of boundary of the City of Moorpark,
as described in the Certificate of Completion recorded March 30, 1983, as Instrument
No. 83-031119 of Official Records of Ventura County, said line having a bearing of North
77°15'24" West; thence along said line,
23
10th: South 77°15'24" East 554.96 feet to the southeasterly terminus of said ninety-ninth
course; thence along the boundary of the City of Moorpark by the following eight
courses:
11th: South 38°53'46" West 275.00 feet; thence,
12th: South 73°30'46" West 206.50 feet; thence,
13th: South 46°56'46" West 290.00 feet; thence,
14th: South 40°29'46" West 362.60 feet; thence,
15th: South 27°28'46" West 78.50 feet; thence,
16th: South 5°35'46" West 95.00 feet; thence,
17th: South 21°03'14" East 596.50 feet; thence,
18th: South 15°35'14" East 293.77 feet to the intersection with the northerly line of State
Highway 118, as described in said Instrument No. 52910; thence along said northerly
line by the following 23 courses:
19th: North 73°08'13" West 311.01 feet; thence,
20th: North 58°03'18" West 411.49 feet; thence,
21st: South 72°38'40" West 80.78 feet; thence,
22nd: North 23°18'45" West 107.36 feet; thence,
23rd: South 88°31'52" West 179.58 feet; thence,
24th: North 14°04'00" East 167.97 feet; thence,
25th: North 68°18'29" West 157.16 feet; thence,
26th: South 58°27'11" West 244.51 feet; thence,
27th: South 31°46'57" East 148.21 feet; thence,
28th: South 54°26'11" West 436.21 feet; thence,
29th: North 53°12'25" West 177.55 feet; thence,
30th: South 82°18'20" West 526.78 feet; thence,
31st: North 89°20'12" West 215.47 feet; thence,
32nd: North 83°30'32" West 140.09 feet; thence,
33rd: South 76°47'44" West 115.43 feet; thence,
34th: North 56°29'10" West 125.85 feet; thence,
35th: North 87°45'13" West 405.89 feet; thence,
36th: North 71°16'05" West 500.75 feet; thence,
37th: North 22°21'13" West 219.67 feet; thence,
24
38th: North 41°24'09" West 247.96 feet; thence,
39th: South 76°09'58" West 313.48 feet; thence,
40th: South 43°16'43" West 265.26 feet; thence,
41st: North 63°17'49" West 114.12 feet to the point of beginning of this description.
EXCEPTING THEREFROM that portion of said land, as described in the document recorded April
29, 1970, as Instrument No. 20543 in Book 3655, Page 306 of Official Records of Ventura
County.
Containing 125.00 acres, more or less.
25
EXHIBIT B
PRESENT CONDITION OF PROPERTY
Open Space J Oil Field •
_. •
• h.L t
54 y,.
rotift
•
. ♦ - -
l 1=.. •
L tOpen Space
•.'
Oil Field
a .t
•
•
4. �._
s -• RONALD REAGAN FREEWAY(CA-118)
w.•
Mobile Home Park Open Space
26
ATTACHMENT 3
AMENDMENT NO. 3
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MOORPARK
AND TABBARA CORPORATION FOR UNDERGROUND TANK SURVEY AT 500
LOS ANGELES AVENUE AND PHASE 1 ENVIRONMENTAL SITE ASSESSMENT
FOR OPEN SPACE TO THE EAST OF MOORPARK COLLEGE
This Amendment No. 3 to the Agreement between the City of Moorpark, a
municipal corporation ("City"), and Tabbara Corporation, a corporation ("Consultant"),
for a Phase 2 Environmental Site Assessment ("Agreement"), is made and entered into
the day of , 2017.
RECITALS
WHEREAS, on June 28, 2017, the City and Contractor entered into an
Agreement to have the Contractor provide geophysical survey services at 500 Los
Angeles Avenue; and
WHEREAS, on July 28, 2017, the City and Contractor executed Amendment
No. 1 to the Agreement to include a Phase 1 Environmental Site Assessment for open
space located east of Moorpark College; and
WHEREAS, on October 3, 2017, the City and Contractor executed Amendment
No. 2 to the Agreement to include a geophysical survey for open space located east of
Moorpark College; and
•
WHEREAS, City has the need for a Phase 2 Environmental Site Assessment for
open space located to the east of Moorpark College; and
WHEREAS, the City and Contractor now desire to amend the Agreement to
increase the compensation for services to be performed by Contractor from twenty-two
thousand two hundred and twenty-five dollars ($22,225.00) to a total contract value of
seventy-five thousand and seventy-five dollars ($75,075.00), plus a contingency of ten
thousand dollars ($10,000), for a total contract value of eight-five thousand and seventy-
five dollars ($85,075.00), and document said agreement to amend by jointly approving
Amendment No. 3 to the Agreement. •
NOW, THEREFORE, it is mutually agreed by and between the parties to the
Agreement as follows:
I. Section 1, TERM, is amended by replacing this section in its entirety as follows:
"The term of this Agreement shall be from the date of execution to
completion of the work identified in the Scope of Services and in
conformance with Exhibits C, D, E, and F unless this Agreement is
terminated or suspended pursuant to this Agreement."
II. ` Section 2, SCOPE OF SERVICES, is amended by replacing this section in its
entirety as follows:
27
"City does hereby retain Consultant, as an independent contractor,
in a contractual capacity to provide geophysical survey services, as set
forth in Exhibit C, a Phase 1 Environmental Site Assessment, as set forth
in Exhibit D, a geophysical study, as set forth in Exhibit E, and a Phase 2
Environmental Site Assessment, as set forth in Exhibit F. In the event
there is a conflict between the provisions of Exhibit C and this Agreement,
or Exhibit D and this Agreement, or Exhibit E and this Agreement, or
Exhibit F and this Agreement, the language contained in this Agreement
shall take precedence.
Consultant shall perform the tasks described and set forth in
Exhibits C, D, E, and F. Consultant shall complete the tasks according to
the schedule of performance which is also set forth in Exhibits C, D, E,
and F.
Compensation for the services to be performed by Consultant shall
be in accordance with Exhibits C, D, E, and F. Compensation shall not
exceed the rates or total contract value of seventy-five thousand and
seventy-five dollars ($75,075.00) as described in Exhibits C, D, E, and F,
plus a contingency of ten thousand dollars ($10,000), for a total contract
value of eight-five thousand and seventy-five dollars ($85,075.00), without
a written Amendment to the Agreement executed by both parties.
Payment by City to Consultant shall be in accordance with the provisions
of this Agreement."
III. Section 5, PAYMENT, paragraph 2, is amended by replacing the paragraph in its
entirety as follows:
"The City agrees to pay Consultant monthly, in accordance with the
payment rates and terms and the schedule of payment as set forth in
Exhibits C, D, E, and F, based upon actual time spent on the above tasks.
This amount shall not exceed seventy-five thousand and seventy-five
dollars ($75,075.00), plus a contingency of ten thousand dollars ($10,000),
for a total contract value of eight-five thousand and seventy-five dollars
($85,075.00), for the total term of the Agreement unless additional
payment is approved as provided in this Agreement."
IV. Exhibit B is replaced in its entirety by the attached Exhibit B.
V. Exhibit F, attached hereto, is hereby added to this Agreement.
Amendment No. 3 to Agreement between City of Moorpark and Tabbara Corporation. Page 2
28
VI. Remaining Provisions:
Except as revised by this Amendment No. 3, all of the provisions of the
Agreement shall remain in full force and effect.
In Witness Whereof, the parties hereto have caused this Amendment to be
executed the day and year first above written.
•
CITY OF MOORPARK TABBARA CORPORATION
Steven Kueny Mike Tabbara, CEO/President
City Manager
Attest:
Maureen Benson, City Clerk
Amendment No. 3 to Agreement between City of Moorpark and Tabbara Corporation. Page 3
29
Exhibit B
CITY OF MOORPARK
Scope of Work Requirement for Professional Services Agreements
Compliance with California Government Code Section 7550
Consultant shall sign and include this page in any document or written reports prepared by
Consultant for the City of Moorpark (City) to which California Government Code Section 7550
(Government Code §7550) applies. Government Code §7550 reads:
"(a)Any document or written report prepared for or under the direction of a state
or local agency, that is prepared in whole or in part by nonemployees of the
agency, shall contain the numbers and dollar amounts of all contracts and
subcontracts relating to the preparation of the document or written report; if the
total cost for the work performed by nonemployees of the agency exceeds five
thousand dollars ($5,000). The contract and subcontract numbers and dollar
amounts shall be contained in a separate section of the document or written
report.
(b)When multiple documents or written reports are the subject or product of the
contract, the disclosure section may also contain a statement indicating that the
total contract amount represents compensation for multiple documents or written
reports."
For all Professional Services Agreement with a total dollar value in excess of $5,000, a signed
and completed copy of this form must be attached to all documents or completed reports
submitted to the City pursuant to the Scope of Work.
Does the dollar value of this Professional Services Agreement exceed $5,000?
Q Yes ❑ No
If yes, then the following information must be provided in compliance with
Government Code § 7550:
1. Dollar amount of Agreement/Contract: $ 75,075.00
2. Dollar amount of Subcontract: $
3. Does the total contract amount represent compensation for multiple
documents or written reports? Q Yes 0 No
I have read the foregoing Code section and will comply with Government Code §7550.
Tabbara Corporation
Mike Tabbara, CEO/President Date
Amendment No. 3 to Agreement between City of Moorpark and Tabbara Corporation. Page 4
30
EXHIBIT F
in
•
Tabbara Corporation
4 3i0,S". Lantana Street,Suite 22.1, Camarillo. C.-1 93010 I'd:805-48-1-3388, Fax:805-426-X119 . .
. '
Via Email:bchant;(a mac»aarkca.gov
October 10,2017
Brian Chong
Administrative Services Manager
City of Moorpark
799 Moorpark Avenue
Moorpark,CA 93021
RE: LIMITED PHASE II SUBSURFACE INVESTIGATION,OAK PARK LEASE SITE,
MOORPARK,CA.93021
Dear Mr.Chong,
Tabbara Corporation(TC) is pleased to submit this proposal to the City of Moorpark to perform a Limited Phase
H Subsurface Investigation at the Oak Park Lease Site.
BACKGROUND
TC completed a Phase I Environmental Site Assessment for the Site in September 2017. Below are the
conclusions and recommendations:
"Conclusions
The results of this assessment have revealed no RECs associated with the Site, with the exception of the following:
• Oil field activities(Oak Park Field)are located on the Site and consist of the following: i
o Eight active oil wells, located on the northern half of the Site,
o One dry hole and one plugged oil well located in the southern portion of the Site,
o One active water disposal injection well located along the northern property boundary,
o Numerous above and below ground pipelines connecting the wells,
o Access roads and roadways connecting the oil wells. These appear to have historically been
sprayed with oil for dust suppression.
Surface soil, subsurface soil and/or groundwater is likely impacted from historical oil well sumps,
injection wells(both on and offsite), oil pipelines and to a lesser extent roadways sprayed with oil.
Recommendations
• Before purchasing the property, have the current property owner and/or oil field operating company take
responsibility for any environmental issues/future environmental remediation that may be required for all
oil field activities on the Site.
• If the above is not an option,perform additional site survey work to assess potential areas of impact and •
then perform soil and groundwater sampling in areas suspected of being impacted by historical and
current oil field activity."
Amendment No. 3 to Agreement between City of Moorpark and Tabbara Corporation. Page 5
31
#A\
Tabbara Corporation
4 3511.x. Lantana,Street,Suite 224,Camarillo, ('.1 93010I el:805-484-3388, Fax: 805-426-8119
In order to gain a better understanding on the location of subsurface utilities and former oil well sumps, TC
completed a Geophysical Survey in late September and early October 2017. Below are pertinent excerpts from the
conclusions and interpretations:
"All detected electric lines were.found to be entirely below-ground. Most portions of the petroleum and water
pipelines, however, were either entirely above-ground or mostly above-ground along their runs. A sinall junk
metal object was detected in the vicinity of Well 8. The object may he up to several feet in diameter and appears
to have a short section of piping emanating from it.
While GPR is adept at regularly detecting oil well-related sump pits, in this particular location radar apparently
struggled to image these excavations supposedlv_filled with drilling mud and borehole cuttings. Likely, this is due
to the c/i-electrical properties of the local geologic.fiormations too-closely matching (coincidentally) those of the
sump pits. Consequently, while sump-like soil anomalies were detected at each well, we cannot he absolutely
certain that these are indeed the sump pits. We are more certain regarding the soil anomalies detected at Wells 2,
5, /4, 16, and 22. Our confidence is somewhat diminished regarding the soil anomalies detected at Wells 6 and 8.
Soil anomalies were detected in the vicinity of Wells 9, 10, and 241-1 but are suspiciously distant from the
anticipated locations closer to the well heads where nothing at all was detected. For Wells 9, 10, 241-1. and
possibly Wells 6 and 8, we encourage the client to.first test our finctings by potholing or sample angering in as
least-expensive cr manner as possible.
Because of GPR's poor performance at this site, the overall size and shape of the detected sunip pits may also be
in error. Possibly, when radar is detecting a soil anomaly, it is only the deepest or most significant portion of the
sump pit. This may explain whey the detected sump pit dimensions are smaller than that anticipated. "
Scope of Work:
• Prepare a Site Health& Safety Plan
• Mobilize the necessary personnel, equipment and material to the Site.
• Perform test pit excavations in areas suspected of being former oil well sumps. The Geophysical Survey
results will be used to locate these areas of concern.
o The test pits will initially be advanced to approximately five feet below ground surface (bgs)
as the former oil well sumps are reported to be approximately three feet bgs. Visual and
olfactory inspection will be performed during the excavation process.
o if total petroleum hydrocarbon (TPH) impacted soil is encountered,TC will attempt to define
the lateral and vertical (limited by the depth that the excavator can reach) extent of impact.
Soil samples will be collected in either case and analyzed for TPH as oil using EPA Method
8015M. For samples were TPH is detected, TC will instruct the lab to run CAM l7 Metals
analysis.An additional 20%of the soil samples collected from the oil sump areas will also be
analyzed for CAM 17 Metals.
o All test pits will be backfilled after inspection and sampling.
• Perform a visual inspection by walking the oil pipelines identified during the Geophysical inspection and
using either hand tools or mechanical means, uncover soil/vegetation to inspect the shallow soil along
Amendment No. 3 to Agreement between City of Moorpark and Tabbara Corporation. Page 6
32
1
Tabbara Corpora •
tion
,tio
4 3511, . l.untanu Street,Suite 224,Camarillo, ('.a 93010 Tel:8115-.184-3388, Fax:805_4 26-8119
these pipelines for oil releases. Perform soil sampling at approximately 200 foot intervals along the oil
pipelines identified during the Geophysical Survey. Soil samples will also be collected wherever visually
stained soil is encountered and at other suspect locations,such as pipe fittings.
• Submit up to 70 soil samples (along pipelines and oil well sumps) for TPH as oil analysis using EPA
Method 8015M and up to 30 soil samples (oil well sumps) for CAM 17 metals analysis to a state certified
laboratory.
• Based on the results of these initial samples, re-mobilize to the Site with an auger drill rig to assess the
vertical extent of impact where elevated concentrations of TPH were detected. TC will also attempt
(advance borings to 50 feet bgs) to demonstrate a clean column of soil below the impacted area, and if
possible collect three groundwater samples in the oil well sump areas with the highest concentrations of
TPH as oil.TC estimates 300 feet of drilling and an additional 30 soil samples for TPH as oil analysis.
• Complete a detailed report summarizing our field work and documenting conclusions and
recommendations
Assumptions:
• This cost estimation includes two site mobilizations.
• Owner to provide access to site,and allow use of stage/work areas as needed.
• Removal, repair, modification or replacement of any public or private utilities is excluded provided the
aforementioned work required was not a result of activities performed by contractor.
• Anticipated work hours are 7:00am to 4:00pm-Monday thru Friday.
Qualifications
IC's Project Manager will be Alex Jegotka,a Registered Geologist in the State of California. Mr. Jegotka,during
his 25 years of experience has performed over 100 subsurface soil investigations at various sites in California.
Estimated Fee
TC proposes to perform this scope of work for a lump sum amount of 552,850. The Bid Price is guaranteed for
sixty(60)days from the proposal date.
If you need clarification on any of the material presented herein,please do not hesitate to contact mc at(805)484-
3388.
Sincerely,
Tabbara Corporation
j
Christopher Wells,REPA
Senior Environmental Scientist
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