HomeMy WebLinkAboutAGENDA REPORT 2017 1206 CCSA REG ITEM 10J ITEM 10.J.
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AGENDA REPORT -�
TO: Honorable City Council
FROM: Brian Chong, Assistant to the City Manager
DATE: November 27, 2017 (CC Meeting of 1216/17)
SUBJECT: Consider Authorizing the City Manager to Execute an Amendment to the
Sustainability Fee Memorandum of Understanding between the County
of Ventura and City of Moorpark to Extend the MOU to April 30, 2018
BACKGROUND AND DISCUSSION
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, with the funds to be spent by
September 30, 2017. In August, the MOU's spending deadline was extended by both
parties through December 30, 2017.
On October 18, 2017, the City Council authorized the purchase of 125 acres of open space
from Waste Management, pending City Council approval of a Purchase and Sale
Agreement for the transaction and further directed staff to negotiate a separate Purchase
and Sale Agreement to acquire an additional 130 acres of open space owned by Waste
Management located north of the 118 Freeway and within the City limits. The City Council
also took various other related actions to continue progress on this Moorpark North-East
Open Space Property Purchase Project.
Since then, progress has continued on the project. While the start of the project's Phase 2
environmental study was delayed due to logistical issues between the City's environmental
consultant and the oil field operator on the property, work on the Phase 2 study is now
underway. Final language for the conservation easement over the acquired property, as
required by the MOU, is also nearly complete.
Staff is also now actively working with the-California Resources Corporation (CRC), who
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has an existing oil lease on the site, to identify and pre-set "drill islands" where future
drilling and extracting infrastructure may be placed. Currently, CRC has a Conditional Use
Permit issued by the County of Ventura in 1948 that generally and broadly authorizes CRC
to drill anywhere on the site through 2033, without any City discretion as to the specific
location on the site. By establishing specific drill islands ahead of time, both CRC and the
City will be able to plan accordingly to avoid conflicts between the oil field and public
recreation land uses. A set of standards such as setbacks, signage, and fencing are
anticipated. At this time, CRC geologists are working to identify drill island location(s)that
will allow CRC to access the oil reserves that they are entitled to access, while also
accounting for the City's interests and intended use of the site (not visible from the 118
Freeway, not adjacent to a trail, etc.). The CRC analysis is expected to be completed in
January, beyond the MOU's current spending deadline.
To ensure that the $1,500,000 in funding for the project remains available, it is necessary
to extend the MOU. County staff is recommending that the Ventura County Board of
Supervisors approve an extension of the MOU through April 30, 2018, and City staff
recommends that the City Council authorize the City Manager to execute the extension.
FISCAL IMPACT
Extending the MOU with the County of Ventura will ensure that the City receives the
$1,500,000 from the County for the Moorpark North-East Open Space Property Purchase
Project.
STAFF RECOMMENDATION
Authorize the City Manager to execute an amendment to the Sustainability Fee
Memorandum of Understanding between the County of Ventura and City of Moorpark to
extend the MOU to April 30, 2018.
Attachment 1: Sustainability Fee Memorandum of Understanding
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ATTACHMENT 1
SUSTAINABILITY FEE MEMORANDUM OF UNDERSTANDING BETWEEN
COUNTY OF VENTURA AND CITY OF MOORPARK
This Sustainability Fee Memorandum of Understanding (MCU) is entered into by
and between the County of Ventura (County) and the City of Moorpark (City) and shall
become effective on the date last signed by the parties below. The County and City are
collectively referred to herein as "parties" and each individually as 'party."
RECITALS
WHEREAS, on July 19, 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 County with sustainability fee payments (Sustainability
Fees)for certain solid waste and recovered materials received by the Landfill originating
from outside the geographic boundaries of the County; and
WHEREAS, County is willing to provide a portion of the anticipated Sustainability •
Fees to City to help fund City's proposed project to construct a sound wall along Los
Angeles Avenue (SR 118) and to help acquire open space property or acquire
conservation easements in the eastern portion of the City and in a portion of the City's
Area of Interest(collectively the "Designated Area,") as shown on Exhibit A-1 and
described on Exhibit Avg hereto; and
VVHEREAS, the parties desire to memorialize their mutual understanding of
these matters in this ivMOU;
AGREE''ENT
NOW,THEREFORE,THE PARTIES AG-EE AS FOLLOWS:
Section 1. The above recitals are incorporated by reference and made a part
of this IVIOU.
Section 2. On or before June 30, 2015, County agrees to pay City One Million
Five Hundred Thousand Dollars ($1,500,000.00) (Funds)for the acquisition of open
space and conservation easements on or before September 30, 2017, within the
Designated Area, asp-ovided below.
A. City shall select the property to be acquired, subject to County's express
written consent which shall not be unreasonably withheld, which may
consist of one or more parcels within the Designated Area. Both parties
agree that matters related to water rights and oil and natural gas extraction
and operations will be considered in selection of any property to be
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acquired.
B. The parties must agree to the purchase price prior to close of escrow for
each parcel of property. By mutual agreement of the parties, purchase
price may include a separate purchase of mineral rights for the property.
Both parties agree to cooperate in accomplishing this task in an
expeditious manner.
C. in addition to the purchase price for the property or the price to acquire
conservation easements, the City shall be entitled to expend the Funds for
the City's acquisition costs in an amount not to exceed twenty percent
(20%) of the purchase price of each parcel acquired or conservation
easement acquired. Acquisition costs are limited to property appraisals,
phase 1 and phase 2 environmental studies, CEQA compliance,
engineering, legal and real estate services (title insurance, typical closing
costs, escrow and commissions) (hereinafter, Acquisition Costs).
D. Acquisition may be by fee title or in the form of a conservation easement. If
acquisition is in fee title, fee ownership shall be held by City with a
conservation easement granted to County pursuant to Section 2.E below.
If acquisition is in the form of a conservation easement, such easement
shall be consistent with Civil Code Section 815.1 with separate easements
granted to City and County.
E. After each property is acquired and before City's transfer of any property to
an Authorized Transferee pursuant to Section 2.F. below, City shall convey
to County, and County shall immediately record in the official records of
Ventura County, a permanent conservation easement as defined in Civil
Code Section 815.1 in a form approved by County and City for the purpose
of ensuring the acquired property remains as permanent open space and in
its then-natural condition.
F. After each property is acquired or after each conservation easement is
acquired, City, with the prior written consent of County which shall not be
unreasonably withheld, may transfer fee title or City's conservation
easement to another governmental entity or non-profit entity (Authorized
Transferee) as permitted and provided by Civil Code Sections 815.2 (a)
and 815.3 so long as the property remains subject to the County's
conservation easement and is maintained as permanent open space with
no development.
C. Neither City nor any Authorized Transferee shall engage in any new oil or
.natural gas production from any property acquired pursuant to this Section
2.
H. After close of escrow of each property acquired or after the recordation of
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each conservation easement pursuant to this Section 2, City shall, within
forty-five (45) days, provide County with a full accounting and supporting
documentation of the purchase price and Acquisition Costs incurred by City
(Accounting Data).
Upon receipt, City agrees to immediately place the Funds in the County of
Ventura investment Pool until such time as all or a portion of said Funds
are expended or repaid to the County pursuant to Section 2.J, below. The
interest earned on the Funds may be used by City in the same manner as
the Funds.
J. Any Funds not expended by City for purchase prices and Acquisition Costs
in accordance with this Section 2, including any interest accrued on said
Funds, shall be repaid to County on the earlier to occur of: (1) sixty (60)
days after the Accounting Date following City's acquisition of the last
parcel(s) of real property hereunder provided that said parcel(s) is/are
acquired on or before September 30, 2017; or (2) October 15, 2017.
K County shall not be responsible for any costs or potential liabilities related
to ownership and maintenance of any property acquired pursuant to this
MOU, including but not limited to weed abatement, liability risk and
insurance, property taxes, and all other fees, costs, liabilities (including but
not limited to that arising from oil and gas operations) and assessments.
Section 3, In addition to the Funds specified in Section 2 of this MOU, County
agrees to contribute to City's proposed sound wall project as provided below:
A. The City's sound wail project shall be to construct a sound wall along any
portion of the south side of Los Angeles Avenue (SR 118) between the
current western City limits and 150 feet west of Maureen Lane. The sound
wall shall be designed to serve as a noise barrier from Los Angeles Avenue
traffic and be no less than eight feet (8') high from sidewalk grade. The
City shall award a contract to construct the sound wall project no earlier
than July 1, 2017, and no later than July 1, 2025,
B. Within forty-five (45) days following City's filing of a notice of completion for
the sound wall project, City shall provide County with a full accounting and
supporting documentation of City's Sound Wall Project Costs as defined
below. County shall remit payment to City within forty-five (45) days of
County's receipt of said accounting and supporting documentation.
County's payment shall not exceed one-half of the Sound Wall Project
Costs up to a maximum amount of Five Hundred Thousand Dollars
($500,000.00).
C. Sound wall project costs toward which County will contribute pursuant to
this MOU shall only consist of the following: amount of awarded
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construction contract and any City-approved change orders thereto,
CEQA compliance, engineering (conceptual design, project design,
preparation of plans and specifications, preparation of legal description,
contract administration, and project inspection), assessment engineering if
an assessment district is proposed for the sound wall whether or not
formed, permits, and other costs charged by other governmental entities
for the project including but not limited to Caltrans and public utilities, utility
relocations, landscaping and irrigation installation (excluding ongoing
maintenance), any items required by Caltrans encroachment permits, and
legal services regarding project procurement (collectively, "Sound Wall
Project Costs"). Sound Wall Project Costs shall not include any land
acquisition-related expenses, fees or costs.
Section 4. County, in its sole discretion, may suspend any or all of its
obligations under this MOU upon thirty (30) days written notice to City if the validity of
the Sustainability Fees is challenged in a legal action against County. County, in its
sole discretion, may also terminate any or all of its obligations under this MOU upon
thirty (30) days written notice to City if the Sustainability Fees are legally invalidated
through judicial or legislative action that is binding on County. County shall reimburse
City for its eligible costs in acquiring property or conservation easements under Section
2 and its Sound Wall Project Costs under Section 3 to the extent incurred by City prior
to the effective date of MOU suspension. Except as provided herein, County shall have
no other liability to City in the event County exercises its right to suspend and/or
terminate its obligations under this MOU in accordance with this Section 4.
Section 5. Miscellaneous.
A. Integrated Agreement. This MOU is an integrated agreement and
constitutes the entire understanding of the parties hereto with respect to
the subject matter hereof and supersedes any and all prior agreements,
communications, representations, or warranties, whether oral or written, by
either party or any agent, officer, partner, employee, or representative of
either party.
B. Amendments. This MOU may not be modified, altered, amended, or
rescinded except by an instrument in writing, which is signed by both
parties hereto.
C. Severability. Should any part, term or provision of this MOU be
declared or determined by any court to be illegal or invalid, the validity of
the remaining parts, terms or provisions shall not be affected thereby and
said illegal or invalid part, term or provision shall be deemed not to be a
part of this MOU.
D. Construction. This MOU is the product of negotiation, drafting and
preparation by and among the parties and their respective attorneys. The
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parties expressly acknowledge and agree that this MOU shall not be
deemed prepared or drafted by one party or another and its attorneys, and
will be construed accordingly. Any rule of construction to the effect that
ambiguities are to be resolved against the drafting parties shall not apply in
the interpretation of this MOU.
E. Notices. All notices that are required to be delivered under this MOU in
writing shall be personally delivered or sent by overnight mail, registered or
certified mail, postage prepaid, or facsimile, as follows:
To City: City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
Attention: City Manager
Fax: 805-529-8270
To County: County of Ventura
800 South Victoria Avenue #1940
Ventura, California 93009
Attention: County Executive Office
Fax: 805-658-4500
Such addresses may be changed from time to time by the addressee by
serving notice as heretofore provided. Service of such notice or demand
shall be deemed complete on the date of actual delivery as shown by the
addressee's registry or certification receipt or at the expiration of the third
day after the date of mailing (whether or not actually received by the
addressee), whichever is earlier in time.
F. Governing Law. This MOU is made and entered into in the State of
California and shall, in all respects, be interpreted, governed and enforced
in accordance with the laws of the State of California applicable to
contracts entered into and fully to be performed therein.
G, Further Assurances. Each party shall from and after the date hereof
execute, acknowledge and deliver such further instruments and perform
such additional acts as any other party may reasonably request to
effectuate the intent of this MOU.
H. Third Party Beneficiaries. No term or provision of this MOU is intended to
. or shall be for the benefit of any person or entity not a party hereto, and no
such other person or entity shall have any right or cause of action
hereunder.
Defense and Indemnity. City agrees to indemnify, hold harmless and
defend at its sole expense, with counsel reasonably acceptable to County,
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any claims, actions, proceedings, demands, judgments, damages, fines
and liabilities of whatever nature (Claims and Liabilities) against County
and all of County's boards, agencies, departments, officers, employees,
agents and volunteers (County Parties) arising from or related to this MOU
including but not limited to the acquisition, ownership and maintenance of
the open space property and implementation, design and construction of
the proposed sound wall project, unless the Claims and Liabilities be
caused by the sole negligence or willful misconduct of County Parties.
County may, at its sole discretion, participate in the defense of any Claims
and Liabilities at County's cost, but such participation shall not relieve City
of its obligations under this section. .
Budgeting. County's obligations to provide funding under this MOU are
subject to County's annual budget process and the making of necessary
budget appropriations in the fiscal year in which County would pay the
obligations, and would receive the benefits of the projects, set forth in this
MOU. The obligation of the County to provide funding under this MOU does
not constitute an obligation for which County is obligated to levy or pledge
any form of taxation or for which County has levied or pledged any form of
taxation. Nor do the obligations of County to provide funds under this MOU
constitute an indebtedness of County within the meaning of any
constitutional debt limitation or restriction. County shall use reasonable
efforts to make such budget decisions and appropriation of funds. Except
for the $1,500,000 referenced in Section 2 above, in the event such budget
decisions and appropriations do not occur, County may, upon five (5) days •
written notice to City, terminate this IMOU as to that obligation and project.
IN WITNESS WHEREOF, the undersigned each has executed this MOU as of
the date written below.
COUNTY *F VENTURA
. .
Date:61.44„# cY15'
CITY OF !MOORPARK
Date:
Attachments: Exhibit A-1 and A-2
637
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Honorable City Council
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Exhibit
Parce,is iu duded in Desks ate_ :_r_ in oorp-rk and its Area of interest
(Listed P-a1��� raberl
500-0-120-065
500-0-170-135
500-0-180-125; -135; -145; -155; -165; -175; -185; -195; -205; -215; -225; -235; -255
500-0-281-035; -045; -165; -185; -195; -205; -215; -465; -475; -535; -545
500-0-292-015; -035; -135; -195; -215; -225
615-0-010-045
615-0-110-165; -175; -205; -215
615-0-150-185
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