Maricopa City Council Agenda
Tuesday, March 25, 2025
6:00 p.m.
Location: Gusher Hall, 271 California Street, Maricopa, CA 93252 and is also available through Zoom Video Conferencing;
https://zoom.us/join Meeting ID: 886 2015 6194 Phone: 1(669)900-6833 Passcode:146168
Any or all City Council Members may be attending the meeting remotely pursuant to California Governor's Executive Order N-29-20, issued on March 17, 2020, to prevent the spread of Covid-19.
If you need help accessing ZOOM or have questions, please call us at City Hall-661-769-8279 I. Pledge of Allegiance, Moment of Silent Meditation, Call to Order II. Roll Call:
III. Mayor Morse
Mayor Pro Tem Bell City Administrator Eric Ziegler
Council Member Harris City Attorney Alan Peake
Council Member Horn City Treasurer Dorine Horn
Council Member Owens City Clerk Meghan Anderson
IV. Community Recognition
Reorder of Agenda
VI. Council Reports/Statements
a. Report by Public Safety/Sherriff Department/Fire Department b. City Clerk Meghan Anderson
c. City Treasurer Horn
d. City Administrator Ziegler
e. City Attorney Alan Peake
f. City Council Members
VII. Public Hearings: None
VIII. Public Comment
PERSONS WISHING TO ADDRESS THE COUNCIL ON ITEMS WITHIN ITS JURISDICTION, BUT NOT ON THIS AGENDA MAY DO SO NOW. ANY ITEMS PRESENTED TO THE COUNCIL AT THIS TIME WILL NOT BE ACTED UPON.
Please Note: State law allows the City Council to briefly respond to questions on items raised by the public which are not on the agenda Govt. Code Section 54954.2 (a). Alternately, the Council may choose to direct staff to provide information at the following meeting, any member of the public may comment on any matter within the jurisdiction of the city that is not on the agenda. Those wishing to comment should be recognized by the mayor and approach the podium.
Please complete a Speaker's Form and present it to the City Clerk prior to the start of the meeting to be acknowledged as a speaker.
IX. Approval of Minutes
a. Approve Maricopa City Council Minutes March 11, 2025 X. Consent Calendar
XI. Agendized Items
a. Accept Maricopa Wastewater Treatment Plant Fencing Upgrade Project; Authorize ity Administrator to Execute and File Notice of Acceptance with County Clerk; Authorize City Administrator to Release Contractor Retention 30 Days after Filing Notice of Completion in the Absence of Subcontractor Liens Against the Project.
Recommendation:
Motion to Accept Maricopa Wastewater Treatment Plant Fencing Upgrade Project; Authorize City Administrator to Execute and File Notice of Acceptance with County Clerk; Authorize City Administrator to Release Contractor Retention 30 Days after Filing Notice of Completion in the Absence of Subcontractor Liens Against the Project
Review/Discuss/Provide Direction as Necessary re Bicycle Pump Track Use at Maricopa City Park.
Recommendation
Review/Discuss/Provide Direction as Necessary re Bicycle Pump Track Use at Maricopa City Park.
XII. New Business
XIII. Council/Staff Items
XIV. Closed Session- None
XV. Adjourn
I certify that a copy of this agenda was posted at Maricopa City Hall, Gusher Hall, and Maricopa Post Office on March 20, 2025.
Meghan Anderson, City Clerk
Maricopa City Council Minutes
Tuesday, March 11". 2025
Location: Gusher Hall
271 California Street, Maricopa, CA 93252
Call to Order and Pledge of Allegiance
Mayor Morse called the meeting to order at 6:01 P.M. followed by the flag salute.
Il. Roll Call
Mayor Morse - Present
Mayor Pro Term Virgil Bell - Present
Council Member John Horn - Present
Council Member Crystal Harris - Present
Council Member James Owens - Present
City Administrator Eric Ziegler - Present
City Attorney Alan Peake - Absent
City Treasurer Dorine Horn - Present
City Clerk Meghan Anderson - Present
II. Council Reports/Statements
a. Report by Public Safety/Sheriff Department/Fire Department - Horton presented Maricopa stats between the dates of 2/11/25 and 3/11/25. Council member Horn addressed the issue of fentanyl use within the city whereas Horton explained how California prioritizes laws and determines jail time. The issue of the pump track and miscommunication of the official opening date was spoken about.
Misunderstandings based off outside communications were cleared up among council members.
b. City Clerk Anderson - None
c. City Treasurer Horn - None
d. City Administrator Ziegler - None
e. City Attorney Alan Peake - Absent
f. City Council Members - None
Council Member Bell spoke about code enforcement, addressing the issue of buildings downtown lacking paint. Additionally, Owens questioned the use of electric vehicles the city has funded and suggested using them more often. Regarding that Ziegler spoke of maintenance issues and said he would look further into it. Horn brought up the gang issue and red tagging happening within the city and suggested keeping the issue a priority.
Ker COG training was addressed and potential times to hold training sessions that are beneficial to the council without obligating the public to attend. An agreement on timing was reached.
IT. Public Commentary
Richard Albright raised concerns about the Pump Track security.
V. Approval of Minutes
a. Approve Maricopa City Council Minutes for February 11"*, 2025 Motion to approve by Bell, 2d by Horn
Ayes: 4
Noes: 0
Absent: 0
Abstain: 1
VI. Consent Calendar
a. Approve payment of payroll December 2024 & January 2025 Motion to approve payroll by Bell, 2id by Owens
Ayes:3
Noes: 1
Absent: 0
Abstain: 1
b. Approve payment of warrants December 2024 & January 2025 Motion to approve warrants by Bell, 2° by Horn
Ayes:3
Noes: 1
Absent: 0
Abstain: 1
VII. Agendized Items
a. Review/Discuss/ Provide Direction as Necessary re Bicycle Pump Track Security at Maricopa City Park.
The background was presented by Ziegler. Owens questioned whether it is the contractor's responsibility or the city's to provide security for the Pump Track Ziegler stated it varies based on whether the contractors have equipment on the site and other factors. Specs of fencing were discussed.
Owens suggested signs be placed and possibly some orange fish netting. Treasurer Horn stated multiple "no trespassing" signs have been placed as of today.
Motion to place orange safety fencing as soon as possible until temporary fence process can begin made by Owens, 2id by Harris
Ayes: 5
Noes:
Absent:
Abstain:
Motion passed.
b. Potential acquisition of properties (APN # 042-175-09 & 042-175-08) owned by The Francisco F. Molinari and Mary Aileen Lapuz revocable trust dated April 10, 2015.
Public commentary on item b.:
Albright requested to obtain the location of the property.
VIII. New Business
None.
IX. Closed Session
Conference with Real Property Negotiators- Acquisition of Property pursuant to Gov't Code Section 549568.
Property (APN# 042-175-09 & 042-175-08)
Agency Negotiator: Eric G. Ziegler
Owners: The Francisco F. Molinari and Mary Aileen Lapuz Revocable trust dated April 10, 2015
Under Negotiation: Price and other terms and conditions of acquisition x. Come Into Open Session
c. Reconvened at 7:06
City Administrator was given direction by council re acquisition of properties (APN # 042-175-09 & 042-175-08) owned by The Francisco F. Molinari and Mary Aileen Lapuz revocable trust dated April 10, 2015.
XII. Council/Staff Items
The issue of vacant/burnt down buildings being used, home clean up, and code enforcement was discussed. Mayor discussed approaches with code enforcement and how to handle the uncooperative individuals.
XIII. Adjourn
Motion to end meeting by Bell, 2nd by Horn
Meeting is adjourned at 7:13
I certify that a copy of this agenda was posted at Maricopa City Hall, Gusher Hall, and Maricopa Post Office on January 9", 2025.
Meghan Anderson, City Clerk
AGENDA ITEM
TITLE: Accept Maricopa Wastewater Treatment Plant Fencing Upgrade Project; Authorize City Administrator to Execute and File Notice of Acceptance with County Clerk; Authorize City Administrator to Release Contractor Retention 30 Days after Filing Notice of Completion in the Absence of Subcontractor Liens Against the Project
PROPOSED BY: Eric G. Ziegler
MEETING DATE: March 25, 2025
RECOMMENDATION
Motion to Accept Maricopa Wastewater Treatment Plant Fencing Upgrade Project; Authorize City Administrator to Execute and File Notice of Acceptance with County Clerk; Authorize City Administrator to Release Contractor Retention 30 Days after Filing Notice of Completion in the Absence of Subcontractor Liens Against the Project
BACKGROUND
Attached hereto is the report of completion of the Maricopa Wastewater Treatment Plant Fencing Upgrade Project Funded by Federal State and Local Fiscal Recovery funds. The city conducted a final walk-through of the project on Thursday, March 6. The project has been completed in accordance with requirements of the Council approved plans Subcontractor Liens Against the Project
City Adm.
Approval FISCAL IMPACT:
$
Funds Budgeted: Yes No Amount Required
Eric G. Ziegler
Amount Budgeted Appropriation Requested
Account Number Reviewed by Finance
CITY HALL
400 California St.
Maricopa, CA 93252
(661) 769-8279
A CORPORATED www.cityofmaricopa.org
Beet c6 9
NOTICE OF ACCEPTANCE
NOTICE IS HEREBY GIVEN that the City Administrator, City of Maricopa, State of California, by and through the powers vested in his office by the Members of the City Council has reviewed and accepted as complete the work performed under contract by the Contractor.
The information pertinent to this Notice is as follows:
Owner: City of Maricopa
2. Contractor: Northern United Fence
Surety of Faithful Performance
and Labor and Material Bond: American Contractors Indemnity Company
4. Contract For: Wastewater Treatment Plant Fencing Upgrade Project
5. Date of Contract: December 18, 2025
6. Date of Notice to Proceed: January 29, 2025
7. Date of Completion: March 6, 2025
1, Eric Ziegler, hereby declare under the penalty of perjury that the foregoing is true, and the provisions of the contract have been met and are accepted on March 6, 2025.
Eric Ziegler
City Administrator- City of Maricopa, California
AGENDA ITEM
TITLE: Review/Discuss/Provide Direction as Necessary re Bicycle Pump Track Use at Maricopa City Park
PROPOSED BY: Eric G. Ziegler
MEETING DATE: March 25, 2025
RECOMMENDATION
Review/Discuss/Provide Direction as Necessary re Bicycle Pump Track Use at Maricopa City Park
BACKGROUND
At the regularly scheduled meeting of Tuesday, March 11, 2025, Council discussed security measures at the recently completed bicycle pump track at Maricopa City Park. While the city has not yet formally accepted the pump track due the contractor's delay in submitting certified payroll data to the city's construction manager, it seems prudent to discuss matters related to the opening of this facility.
Given the unauthorized use of this facility to date and given the fact that fencing is unlikely to prevent the continued use of this facility, staff believes that the city should consider a "soft" opening as soon as is feasible. As a practical matter, this means after the city has adopted and recorded a Notice of Completion and after required rules and safety/liability notice signage is installed at the park.
Staff has discussed the potential "soft" opening with our Grant Administrator at the Parks Department and received correspondence indicating that the granting agency has no objection to the proposal.
Attached hereto are 1) E-mail from Grant Administrator re "soft" opening of pump track; 2) sample sign sent by Parks Department (this one happens from the city of Anaheim); 3) copy of Government Code Section 831.7 referenced in aforementioned sign text; 4) copy of Health & Safety Code Section 115800 re skate parks (and including bicycle tracks).
City Adm.
Approval FISCAL IMPACT:
$
Eric G. Ziegler Funds Budgeted: Yes No Amount Required
Amount Budgeted Appropriation Requested
Account Number Reviewed by Finance
[email protected]
From: Steinert, Melinda@Parks < [email protected]> Sent: Thursday, March 13, 20252:50 PM
To: Laura Robison
Subject: RE: SW-15-004 Status Report and Payment request Lauri,
You are right, I'm sure. That made me laugh though! I consulted one of my other agency reps who is experienced in opening parks and she agreed with you and said her agency sometimes does soft openings like that and it's ok. You'd know much better than me. But I can picture the kids (and my friend said adults do it too!!! 6) jumping the fence or cutting it and then all the money you'd have spent would be wasted and they'd be in there anyway.
Best to put a security fence around the rest of the site and do what you said and open the pump track sooner. ! asked about liability and she said they put up a sign at the site which addresses that. I will forward it in a minute.
Melinda
From: Laura Robison <[email protected]>
Sent: Thursday, March 13, 2025 8:34 AM
To: Steinert, Melinda@Parks <[email protected]> Subject: RE: SW-15-004 Status Report and Payment request Great! Thank you Melinda! Here's another question! We will probably be ready for a notice of completion in a couple weeks on the track, we were considering a soft opening so that the kids can use the track even though the rest of the project is not finished, and then we will still have a grand opening when the park is completed. Even if we have a fence, the kids are going to find a way and use that track, so if its open for them to use we won't have to keep trying to enforce them to leave! What is your thoughts?
From: Steinert, Melinda@Parks [mailto:Melinda. [email protected]] Sent: Wednesday, March 12, 2025 10:38 AM
To: Irobison [email protected]
Subject: RE: SW-15-004 Status Report and Payment request Lauri,
Thanks for checking. The City of Maricopa is a city, not a non-profit, so the non-profit rules don't apply. What they should do is follow their own local laws and regulations regarding bidding and such. You all would know best what From: Irobison [email protected] <Irobison [email protected]> Sent: Monday, March 10, 2025 2:52 PM
To: Steinert, Melinda@Parks <[email protected]> Subject: RE: SW-15-004 Status Report and Payment request Thank you!
Next question! So the plan is to issue a notice of completion with in a couple of weeks, and with a track almost done, we have lots of kids riding on it in the evening and weekends. We want to install a temporary safety security fence around the track until the project is completed.
1 [email protected]
From: Steinert, Melinda@Parks <[email protected]> Sent: Thursday, March 13, 2025 2:53 PM
To: Laura Robison
Subject: Rule signs for SW-15-004
Lauri,
Here is the sign one of my other agency reps said is posted at their skate park. I would think that something similar could be put up next to the pump track.
Melinda
Sent: Thursday, March 13, 2025 2:33 PM
To: Steinert, Melinda@Parks <[email protected]>; Steinert, Melinda@Parks <[email protected]>
Subject: Rule signs
Here you go the bottom of the sign talks about liability
WELCOME
Center Greens Skate Park
RULES
•Regulation Helmets, Elbow Pads, and Knee Pads are Required. •Skate Zone Closed During Inclement Weather.
•Children Under 14 Years of Age are Prohibited without Adult Supervision. • Motorized Vehicles, Bicycles, Scooters, and Other Types of Apparatus are Prohibited. • Additional Ramps, Jumps, or Obstacles May Not Be Brought into the Skate Zone. •Defacing City Property is Strictly Prohibited
•Please Report Any Damage or Hazardous Conditions to Anaheim Community Services at (714) 765-5191.
• Skateboarding and Skating are regarded as presenting substantial risk of injury and therefore constitute hazardous recreational activities (under the meaning of California Government Code Section 831.7 (b)). Use of this facility may result in serious bodily injury, permanent disability, or even death.
USE AT YOUR OWN RISK. THE CITY OF ANAHEIM DOES NOT ASSUME ANY RESPONSIBILITY FOR INJURY TO, OR DAMAGE TO PROPERTY OF FACILITY USERS.
FAILURE TOULANTED PERAS A VASTE SUBET TO ANAHEIM REMOVALAND CITED PER A.M.C. SECTION 13.10 AND FINED $100.
PLEASE PROTECT AND PRESERVE YOUR SKATE ZONE
California Code, Government Code - GOV
§ 831.7
Current as of January 01, 2023 | Updated by FindLaw Staff (a) Neither a public entity nor a public employee is liable to any person who participates in a hazardous recreational activity, including any person who assists the participant, or to any spectator who knew or reasonably should have known that the hazardous recreational activity created a substantial risk of injury to himself or herself and was voluntarily in the place of risk, or having the ability to do so failed to leave, for any damage or injury to property or persons arising out of that hazardous recreational activity. (b) As used in this section, "hazardous recreational activity" means a recreational activity conducted on property of a public entity that creates a substantial, as distinguished from a minor, trivial, or insignificant, risk of injury to a participant or a spectator.
"Hazardous recreational activity" also means:
(1) Water contact activities, except diving, in places where, or at a time when, lifeguards are not provided and reasonable warning thereof has been given, or the injured party should reasonably have known that there was no lifeguard provided at the time.
(2) Any form of diving into water from other than a diving board or diving platform, or at any place or from any structure where diving is prohibited and reasonable warning thereof has been given.
(3) Animal riding, including equestrian competition, archery, bicycle racing or jumping, bicycle motocross, mountain bicycling, boating, cross-country and downhill skiing, hang gliding, kayaking, motorized vehicle racing, off-road motorcycling or four-wheel driving of any kind, orienteering, pistol and rifle shooting, rock climbing, rocketeering, rodeo, self-contained underwater breathing apparatus (SCUBA) diving, spelunking, skydiving, sport parachuting, paragliding, body contact sports, surfing, trampolining, tree climbing, tree rope swinging, waterskiing, white water rafting, and windsurfing.
For the purposes of this subdivision, "mountain bicycling" does not include riding a bicycle on paved pathways, roadways, or sidewalks. For the purpose of this paragraph, "body contact sports" means sports in which it is reasonably foreseeable that there will be rough bodily contact with one or more participants.
(c)(1) Notwithstanding subdivision (a), this section does not limit liability that would otherwise exist for any of the following:
(A) Failure of the public entity or employee to guard or warn of a known dangerous condition or of another hazardous recreational activity known to the public entity or employee that is not reasonably assumed by the participant as inherently a part of the hazardous recreational activity out of which the damage or injury arose.
(B) Damage or injury suffered in any case where permission to participate in the hazardous recreational activity was granted for a specific fee. For the purpose of this subparagraph, "specific fee" does not include a fee or consideration charged for a general purpose such as a general park admission charge, a vehicle entry or parking fee, or an administrative or group use application or permit fee, as distinguished from a specific fee charged for participation in the specific hazardous recreational activity out of which the damage or injury arose.
(C) Injury suffered to the extent proximately caused by the negligent failure of the public entity or public employee to properly construct or maintain in good repair any structure, recreational equipment or machinery, or substantial work of improvement utilized in the hazardous recreational activity out of which the damage or injury arose.
(D) Damage or injury suffered in any case where the public entity or employee recklessly or with gross negligence promoted the participation in or observance of a hazardous recreational activity. For purposes of this subparagraph, promotional literature or a public announcement or advertisement that merely describes the available facilities and services on the property does not in itself constitute a reckless or grossly negligent promotion.
(E) An act of gross negligence by a public entity or a public employee that is the proximate cause of the injury.
(2) Nothing in this subdivision creates a duty of care or basis of liability for personal injury or damage to personal property.
(d) Nothing in this section limits the liability of an independent concessionaire, or any person or organization other than the public entity, whether or not the person or organization has a contractual relationship with the public entity to use the public property, for injuries or damages suffered in any case as a result of the operation of a hazardous recreational activity on public property by the concessionaire, person, or organization.
California Code, Health and Safety Code -
HSC § 115800
Current as of January 01, 2023 | Updated by FindLaw Staff (a) An operator of a skateboard park shall not permit a person to ride a skateboard or other wheeled recreational device in the park, unless that person is wearing a helmet, elbow pads, and knee pads.
(b) With respect to a facility, owned or operated by a local public agency, that is designed and maintained for the purpose of riding a recreational skateboard or other wheeled recreational device, and that is not supervised on a regular basis, the requirements of subdivision (a) may be satisfied by compliance with the following:
(1) Adoption by the local public agency of an ordinance requiring a person riding a skateboard or other wheeled recreational device at the facility to wear a helmet, elbow pads, and knee pads.
(2) The posting of signs at the facility affording reasonable notice that a person riding a skateboard or other wheeled recreational device in the facility must wear a helmet, elbow pads, and knee pads, and that a person failing to do so will be subject to citation pursuant to the ordinance required by paragraph (1).
(c) "Local public agency" for purposes of this section includes, but is not limited to, a city, county, or city and county.
(d) For purposes of this section, "other wheeled recreational device" means nonmotorized bicycles, scooters, inline skates, roller skates, or wheelchairs being used for recreational purposes.
(e)(1) Riding a skateboard or other wheeled recreational device, or any concurrent combination of these activities at a facility or park owned or operated by a public entity as a public skateboard park, as provided in paragraph (3), shall be deemed a hazardous recreational activity within the meaning of Section 831.7 of the Government Code if all of the following conditions are met:
(A) The person riding the skateboard or other wheeled recreational device is 12 years of age or older.
(B) The riding of the skateboard or other wheeled recreational device that caused the injury was stunt, trick, or luge riding.
(C) The skateboard park is on public property that complies with subdivision (a) or (b).
(2) In addition to subdivision (c) of Section 831.7 of the Government Code, this section does not limit the liability of a public entity with respect to any other duty imposed pursuant to existing law, including the duty to protect against dangerous conditions of public property pursuant to Chapter 2 (commencing with Section 830) of Part 2 of Division 3.6 of Title 1 of the Government Code. However, this section does not abrogate or limit any other legal rights, defenses, or immunities that may otherwise be available at law. (3)(A) Except as provided in subparagraph (B), for public skateboard parks that were constructed on or before January 1, 1998, this subdivision shall apply to hazardous recreational activity injuries incurred on or after January 1, 1998, and before January 1, 2001. For public skateboard parks that are constructed after January 1, 1998, this subdivision shall apply to hazardous recreational activity injuries incurred on or after January 1, 1998. For purposes of this subdivision, a skateboard facility that is a movable facility shall be deemed constructed on the first date it is initially made available for use at a location by the local public agency.
(B) For public skateboard parks that were constructed after January 1, 1996, and before January 1, 1998, this subdivision shall apply to hazardous recreational activity injuries incurred on or after January 1, 2012. (4) The appropriate local public agency shall maintain a record of all known or reported injuries incurred by a person riding a skateboard or other wheeled recreational device in a public skateboard park or facility. The local public agency shall also maintain a record of all claims, paid and not paid, including any lawsuits and their results, arising from those incidents that were filed against the public agency.
(5)(A) Except as provided in subparagraph (B), this subdivision shall not apply on or after January 1, 2001, to public skateboard parks that were constructed on or before January 1, 1998, but shall continue to apply to public skateboard parks that are constructed after January 1, 1998.
(B) On and after January 1, 2012, this subdivision shall apply to public skateboard parks that were constructed on or after January 1, 1996. (6) For purposes of injuries that occur while operating one of the other wheeled recreational devices defined in subdivision (d) in a skateboard facility, this subdivision shall apply to any claim for injuries occurring on or after the effective date of the measure adding this paragraph.