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HomeMy WebLinkAboutAGENDA REPORT 2003 1015 CC REG ITEM 09ATO: FROM: DATE: MOORPARK CITY COUNCIL AGENDA REPORT Honorable City Council ITEM 61 •A- Barry K. Hogan, Community Development Directo October 3, 2003 (CC Meeting of 10/15/03) SUBJECT: Consider Approval of Caltrans Landscaping for the SR- 23 Southbound Off -Ramp and On -Ramp at New Los Angeles Avenue for Condition Compliance and Authorize the Release of the Cash Bond for Special Devices, Incorporated (SDI) (Industrial Planned Development No. 1995 -02) BACKGROUND Since late 2002, Community Development Department staff has been working with Special Devices, Incorporated (SDI) to resolve non- compliance with Conditions of Approval of Vesting Tentative Tract Map (VTTM) No. 5004 and Industrial Planned Development (IPD) No. 95 -02. The applicant has achieved compliance with the six (6) outstanding conditions and has been very cooperative in working toward a mutually acceptable agreement to satisfy the intent of the City's Tree Preservation Ordinance. Two (2) bonds are still held by the City pending satisfaction of all Conditions of Approval. All improvements, except for those offered by the applicant as part of this request, have been satisfied. The only remaining issue is compliance with the City's Tree Preservation Ordinance. DISCUSSION Tree Preservation representatives from SDI City's concerns relative complete all of the outstanding bonds can k issued. In order to mee SDI has: Ordinance /Landscaping: Staff and met in order to bring closure to the to the project. It is SDI's desire to Conditions of Approval so that its s released and Final Occupancy can be the outstanding Conditions of Approval !li /1 Honorable City Council October 15, 2003 Page 2 1. Installed additional trees along the top of the west facing (SR 23) slope to better screen the buildings from New Los Angeles Avenue. 2. Installed additional trees along the north facing (Campus Park) top of slope to screen the view of the buildings and campus from the Campus Hills area. 3. Replanted the lower north facing slope along the paved access road due to the large percentage of plants which had not survived. 4. Planted additional landscaping to screen Southern California Edison (SCE) equipment and further enhance the entry roadway. The remaining issue is compliance with the City's Tree Preservation Ordinance. An appraisal of the trees which were removed as a result of this project was prepared by a city consultant using approved industry standards. The appraised value of the sixty (60) trees which were removed came to $892,800. The intent of the City's Tree Ordinance is that the value; i.e. $892,800, of the lost trees would be used to upgrade the on -site landscaping, at the time of installation, so that a more mature appearance would result upon occupancy of the project. This did not occur and the previous Community Development Director allowed temporary occupancy. In an effort to meet the intent of the City's Tree Preservation Ordinance, SDI has offered to: 1. Contribute $15,000 to the City for riparian habitat replacement based upon the area of the Arroyo Simi which was disturbed during construction. The estimated cost includes plant materials, grading and installation which has been verified by the City's Landscape Architect. This contribution would be given to the City for use in the riparian area as the City sees fit. This item would be accomplished by keeping that portion of the current cash bond. This contribution, if accepted, would be in lieu of the installation of the riparian habitat. 2. Plant the SR -23 /New Los Angeles Avenue interchange southbound off -ramp and southbound on -ramp, and maintain the planting in perpetuity. The planting suggested is S: \Community Development \DEV PMTS \I P D \1995 \02 SDI \cc 030917 condition compliance.doc 000002 Honorable City Council October 15, 2003 Page 3 similar to what the applicant was required to do on the northbound off -ramp of the SR -23 at New Los Angeles Avenue. Staff and Caltrans have reviewed and approved the proposed landscape plans. Caltrans has issued the encroachment permit for the work on the interchange on -ramp and off - ramp. The estimated cost of this improvement installation is $150,000 to $175,000, not including the on -going cost of maintenance at a current annual cost of $40,800. This work has yet to be accomplished and would have to be bonded for prior to the start of work. The applicant has entered into a maintenance agreement with Caltrans, identical to that which was entered into for the eastern off ramp. This agreement runs with the ownership of the land and is in perpetuity (see attached). It is staff's opinion that the contribution to a riparian habitat fund and the ramp landscaping and maintenance would meet the intent of the Tree Preservation Ordinance for mature landscaping in the project area in addition to the work already done on the freeway ramp and items 1 and 2 above. Sureties: To ensure the completion of any other outstanding issues on the SDI project site, the City also holds a cash deposit in the amount of $300,000. These outstanding issues are specifically related to compliance with the intent of the City's Tree Preservation Ordinance and onsite landscaping. The applicant is requesting the release of the cash bond, minus the $9,010, so that it can be used to pay for the purchase and installation of the landscaping at the freeway on and off ramps. The City also holds a bond in the amount of $684,415.60 for the completion of grading, paving, and drainage improvements of Tract No. 5004. The City Engineer has verified that all of these improvement guaranteed by the bond have been completed to his satisfaction. STAFF REC01 -M RATIONS 1. Approve the proposed landscaping for the on -ramp and off - ramp for SR -23 /New Los Angeles Avenue interchange and maintenance in perpetuity; 2. Accept the contribution of $9,010 as riparian habitat replacement to be used as the City deems necessary; S: \Community Development \DEV PMTS \I P D \1995 \02 SDI \cc 030917 condition compliance.doc 000 003 Honorable City Council October 15, 2003 Page 4 3. Authorize staff to release the two (2) remaining sureties of $300,000 cash (minus the riparian habitat contribution) and the $684,415.60 for Tract No. 5004, upon the posting of a surety, in an amount determined to be sufficient by the City Engineer and Community Development Director for the installation of the on -ramp and off -ramp landscaping. Attachment: Caltrans Agreement for Maintenance S: \Community Development \DEV PMTS \I P D \1995 \02 SDI \cc 030917 condition compliance.doc STATE OF CALIFORNIA — BUSINESS AND TRANSPORTATION AGENCY GRAY DAVIS, Governor DEPARTMENT OF TRANSPORTATION DISTRICT 7,120 SOUTH SPRING STREET, ROOM 118 LOS ANGELES, CA 90012 AGREEMENT FOR MAINTENANCE OF LANDSCAPE AREA WITHIN STATE HIGHWAY RIGHT OF WAY Permit No. 703 -6LF -1428 Location: 07- ven -23 -R 11.23T11.606 This Agreement is made and executed effective this 7 day of July, 2003 by and between the State of California, acting by and through the Department of Transportation, District 7, located at 120 South Spring Street, Los Angeles, California 90012, hereinafter referred to as "STATE ", and Autosafe Airbag 12 (CA) LP, a Delaware limited partnership, and Autosafe Airbag 14 (CA) LP, a limited partnership, tenants -in- common located at 14370 White Sage Road, Moorpark, California 93021, hereinafter referred to as "PERMITTEE ". A. RECITALS: The parties desire to provide that PERMITTEE may install and maintain State Highway improvements which shall include landscape (planting, irrigation), and maintenance along the southbound Route 23 at the New Los Angeles off /on ramp in the City of Moorpark, referred to herein as "PROJECT ", as are shown on the attached Exhibit. PERMITTEE is willing to fund one hundred (100 %) of all design, capital outlay, maintenance, and staffing costs. B. AGREEMENT: In consideration of the mutual covenants and promises herein contained, PERMITTEE agrees as follows: I. PERMITTEE will submit plans, prepared and signed by a licensed Landscape Architect to the Office of Permits for review and approval and will obtain all necessary encroachment permits prior to the start of any work within STATE'S right of way, 2. After installation of project and to the satisfaction of STATE, PERMITTEE shall apply for an annual maintenance permit (NLM) in accordance with STATE'S standard permit procedures. PERMITTEE shall obtain aforesaid encroachment permit through the Caltrans, District 7, Office of Permits at (805) 650 -7179. 3. PERMITTEE may contract with others to install, and thereafter to maintain the PROJECT per Section 6. A separate encroachment permit is required for any sponsored third party which shall be issued at no cost. In addition, a letter is required from ATTACHMENT 1 000005 STATE OF CALIFORNIA — BUSINESS AND TRANSPORTATION AGENCY GRAY DAVIS, Governor DEPARTMENT OF TRANSPORTATION DISTRICT 7,120 SOUTH SPRING STREET, ROOM 118 LOS ANGELES, CA 90012 PERMITTEE stating that authorization has been granted to a third party to perform such maintenance work. It is understood that terms and conditions of this agreement, or any interest herein, or any portion hereof, with exception to Section 7 shall not be assigned or delegated to third parties. 4. Damage to PROJECT resulting from accident, storm, neglect or other causes beyond the control of the STATE are the responsibility of the PERMITTEE. 5. STATE will maintain all highway signs, paved drainage structures, and other non - landscape highway appurtenance with exception to those items listed in Section "A ", Recitals and as shown on the attached Exhibit. 6. In addition to designing and installing these permitted landscape items, PERMITTEE agrees to: a) Provide and maintain all water and irrigation systems including utility costs for Project. Irrigation system will be maintained and operated to avoid slope damage, excessive water flooding, or spraying onto the pavement. b) Replace unhealthy or dead plantings as they are observed. c) Keep entire PROJECT free of litter, debris and deleterious material. d) Control rodents and pests. e) Control weed growth before weeds exceed 6 inches in length. Any weed control performed by chemical weed sprays (pesticides) shall comply with all laws, rules, and regulations established by the California Department of Food and Agriculture. f1 Maintain the landscaping, paving or other implanted areas along the roadside within the limits of the Project, exclusive of paved drainage facilities, so as not to obstruct the flow of water. g) Maintain all plantings shall be maintained in such condition that they do not interfere with the free flow of traffic, includes the maintenance of adequate sight distances and visibility of signs, signals, and pedestrians. h) Prune shrubs and tree plantings necessary to control extraneous growth. Trees shall be pruned using the highest professionally accepted standards in a manner that will encourage good development while preserving their health, structure, and -natural appearance. Tree or shrub pruning for sign or building visibility is not permitted. i) Maintain sidewalks in a safe and barrier -free condition. j) Adequately water and fertilize all plantings to maintain a healthy growth. Plants shall be fertilized 3 times a year. 7. It is understood that for any reason PERMITTEE decides not to renew its maintenance permit required herein, or if the planting is not maintained to the minimum standards specified herein, STATE shall provide PERMITTEE with a written notice. PERMITTEE 000006 2 STATE OF CALIFORNIA — BUSINESS AND TRANSPORTATION AGENCY GRAY DAVIS, Governor DEPARTMENT OF TRANSPORTATION DISTRICT 7,120 SOUTH SPRING STREET, ROOM 118 LOS ANGELES, CA 90012 s shall respond within thirty (30) days of receipt of said notice. Said response shall describe the action to be taken by PERMITTEE to bring the affected areas back into compliance. In the event PERMITTEE does not provide such response and take any action, this AGREEMENT will be terminated. PERMITTEE will reimburse STATE, on presentation of a bill, for all costs incurred by STATE forces or a STATE contractor to maintain or remove the PROJECT and to pave over or otherwise restore the area to a condition satisfactory with STATE. 8. All work performed for or by PERMITTEE within the PROJECT will be done at no cost to the STATE. 9. Various future STATE projects may be implemented which will require removal and/or modification to all or a portion of PROJECT. Any replacement landscaping including irrigation facilities may be STATE'S responsibility. Upon completion of work, which affects the limits of maintenance, a revised Exhibit will be prepared and delivered to PERMITTEE'S for review. Exhibit will supersede the original limits shown on the original permit plans. 11. Changes to PROJECT affecting public safety or public convenience, all design and specification changes and all major changes including removal, severe pruning (topping), or addition of either planting or irrigation shall be approved by STATE in advance of performing work. Unless otherwise directed by STATE'S representative, changes authorized will require an encroachment permit. Failure to notify STATE of such changes shall result in the immediate removal of PROJECT or portions of PROJECT at PERMITTEE'S expense. C. LEGAL RELATIONS AND RESPONSIBILITIES 1. Nothing in this provision of this AGREEMENT is intended to create duties or obligations to or rights in third parties not parties to this agreement, or affects the legal liability of either party by imposing any standard of care respecting the design, construction, and maintenance of STATE highway right of way different from the standard of care imposed by law. 2. It is understood and agreed that neither STATE, nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by PERMITTEE under or in connection with any work performed by PERMITTEE under this agreement. It is further understood and agreed that, pursuant to Government Code Section 895.4, PERMITTEE shall defend, indemnify and hold harmless the STATE, and all of its officers and employees from all claims, suits, or actions of every name, kind and description brought for or on account of injuries to or death of any person or damage to property resulting from anything done or omitted to be 000007 STATE OF CALIFORNIA — BUSINESS AND TRANSPORTATION AGENCY GRAY DAVIS, Governor DEPARTMENT OF TRANSPORTATION DISTRICT 7,120 SOUTH SPRING STREET, ROOM 118 LOS ANGELES, CA 90012 done by PERMITTEE under or in connection with any work performed by PERMITTEE under this agreement. 3. PERMITTEE waives any and all rights to any type of express, implied and comparative indemnity against STATE, its officers and employees arising from any work performed by PERMITTEE under this agreement. 4. Upon termination of this agreement, ownership and title to all materials, equipment and appurtenances installed inside STATE'S right of way will automatically be vested in STATE. Those materials and equipment installed outside of the STATE'S right of way will automatically and immediately be vested in PERMITTEE, and no further agreement will be necessary to transfer ownership. D. TERM OF AGREEMENT This AGREEMENT shall become effective upon execution and shall remain in full force in perpetuity until terminated. Failure to comply with provisions set forth in Section B, Article 7 would be grounds for Notice of Termination by STATE. IN WITNESS WHEREOF, the parties have executed this AGREEMENT in duplicate as of the day and year stated above. PERMITTEE AUTOSAFE AIRBAG 12 (CA) LP, a Delaware limited nartnersh40 By: INITIA INC., a al partner STATE OF CALJF-QRNIA - �, �►ec.µa� v..- Y Phone:. Edward V. LaPuma, paging Director Phone: (212) 492 -1100 Date: Date: August 19, 2003 AUTOSAFE AIRBAG 14 (CA) LP, a Delaware limited DartnerAhi"---,— By: INITIA (CA) QRS 14- , INC., a Del Y aw c orati , i eneral partner B V� — Edward V. LaPuma, managing —Director Phone: (212) 492-1110 Date: August 19, 2003 111f'iz 4