HomeMy WebLinkAboutAGENDA REPORT 1994 0216 CC REG ITEM 09A -7;4: /3 ® A
ITEM i .
"`)O^?ARK. CALffCRN!A
AGENDA REPORT c;;council Mooting
CITY OF MOORPARK o; .2}/4 199V
ACJON: era
TO: THE HONORABLE CITY COUNCIL � 7
FROM: Dirk Lovett, Assistant City Engineer
DATE: February 8, 1994(Council Meeting of February 16, 1994)
SUBJECT: Continued Public Hearing to Consider Vacation of a
Portion of Science Drive
Vacation No. V-94-1(Affects Parcel Map No. 3828)
This item asks the City Council to conduct a continued Public
Hearing(opened and continued from the meeting of February 2, 1994)
on the matter of its previously declared intention to vacate a
portion of Science Drive. At this continued hearing all
interested persons shall be heard and the evidence considered
regarding the matter.
If, after closing the public hearing and considering the evidence
presented, the City Council finds it appropriate, it is then
necessary for the Council to consider a Resolution ordering the
vacation of a portion of Science Drive.
This item does not contain such a resolution for the Council's
consideration. Due to certain present and continuing
circumstances(See Discussion) and without prejudice such a
resolution to vacate is more appropriate at a future date.
BACAGROUNQ
For previous background regarding this matter the Council is
referred to that Staff Report prepared(January 24, 1994) and
presented at the meeting of February 2, 1994. Copy is attached
for reference.
On February 2, 1994 at 7:00 P.M. in the Community Center the
Council opened the public hearing on the matter, heard testimony
and continued the hearing to February 16, 1994 at 7100 P.M. in the
Community Center at 799 Moorpark Avenue.
Pages 2 of 3
DISCUSSION:
For previous discussion regarding this matter the Council is
referred to that staff Report prepared(January 24, 1994) and
presented at the meeting of February 2, 1994. Copy is attached
for reference.
There continues to exist public service and utility facilities
within the area proposed to be vacated, the owners and/or
operators have been advised of this request to vacate. No
agencies or companies have indicated that they object to such
vacation. However, as previously discussed, all have indicated
that if the existing right-of-way is vacated they desire that the
City retain suitable public service easements for their existing
facilities, if satisfactory arrangements cannot be made regarding
removal or relocation of existing facilities. The requestor of
this vacation action continues with his efforts to arrange for the
relocation of all existing facilities, which if accomplished to
the satisfaction of the respective agency or utility company would
negate any need to reserve a public service easement. To date no
evidence has been received from these utilities indicating that
satisfactory arrangements have been made. Without Such clearance
staff would continue to recommend that public service easements be
reserved from any vacation.
This issue continues to be the only reason that staff has not
brought, at this time, before the Council, for its consideration,
a Resolution of Vacation. It is the opinion of staff that this
matter will be resolved with the utility companies and the City
will not be required to reserve utility easements in this vacation
action. Consideration of the Resolution of Vacation can be
scheduled for the earliest Council meeting after appropriate
evidence is returned from all utility companies indicating that
there is no longer a need to reserve a public service easement.
RECCMNENDATlON:
1. Conduct the continued Public Hearing regarding intention to
vacate a portion of Science Drive, and;
If after conducting the continued Public Hearing and
considering the evidence and testimony none is heard to Cause
the proceedings to be dropped, then again continue the Public
Hearing to date certain as follows:
Date March 2, 1994
Time 7:00 P.M.
Place Community Center
799 Moorpark Avenue
City of Moorpark, California
Page 2of3
and;
2. direct staff to prepare and bring before the City Council a
Resolution of Vacation, at the earliest possible time after
those issues relating to public utilities and the reservation
of easements are resolved to the satisfaction of the Director
of Community Development and the City Engineer.
Page 2of3
v
FF.B1 ° 1994
The Voit Companies VIA FAX & UPS
1641 Fiske Place
Oxnard,California
93033
TEL 805. 487.2280 February 11, 1994
PAX 805 487.8731
Mr. Mike Myers
Assistant City Engineer
City of Moorpark
Asset Management 111 A Poindexter
Property Management Moorpark, CA 93021
Development
Brokerage
Construction Re: Realignment of Science Drive
Dear Mike:
As a result of the City Council meeting on February 2,
1994 and our telephone conversation on February 10, 1994,
I have enclosed copies of letters from Southern
California Edison Company, Pacific Bell, Southern
California Gas Company and Ventura County Waterworks
District No. 1 . As you will see, all of the letters
(except County Waterworks) give a unconditional release
concerning their need not to require a reservation of
easement within the area of the proposed street vacation.
County Waterworks has given their release subject to G&S
Partnership relocating their existing facilities in
accordance with the District Rules and Regulations .
• As we have been in the street vacation process since July
1993 , we would very much like to bring it to a conclusion
on February 16, 1994 at the City Council meeting. To
assuage your concerns about the County Waterworks
release, we suggest that you include a condition within
the vacation documents that G&S Partnership must complete
the relocation of their facilities before the vacation
can be recorded. I understand that the same type of
conditions will be used by the City of Moorpark for the
storm drain system.
Mike, I am currently holding a Faithful Performance Bond
in favor of the City of Moorpark in the amount of
$79, 498 . 10 (see enclosure) . I can show you from our
contractors bid that the actual work will cost much less
than this . Assuming that we are approved on February
16th, I anticipate that you will be in a position to
accept the bond and issue an encroachment permit for G&S
Partnership to begin the demolition, grading and utility
relocation work.
cc : ctt&J , f-. .
Y
Mr. Mike Myers
February 11, 1994
Page 2
If I can be of further assistance, please call me at
(805 ) 487-2280 .
Sincerely,
Voit M.nagement Company, L.P.
A
Rober . Lumley
Vice • es;dent
/rgl
Enclosures
cc : G&S Partnership
South Bay Engineering
City Manager/
„preidige_,
Southern California Edison Company
3569 FOOTHILL DRIVE
THOUSAND OAKS,CALIFORNIA 91361
February 8, 1994
Mr. Mike Myers
Assistant City Engineer
City of Moorpark
111 A Poindexter Avenue •
Moorpark, CA 93021
Re: Realignment of Science Drive
Moorpark, California
Dear Mr. Myers:
Please be informed that Southern California Edison will not require a reservation of
easement within the area of the proposed street vacation.
Normal utility easements will be taken by Edison for those new electrical structures
required to serve the proposed buildings to be constructed.
Please call me at 804-494-7066 if you have any questions.
Sincerely,
DON KULPACA
Customer Service Planner
DK:apd
c: R. Lumly✓
C. Bradley
WO East Main Street.Room 422 PACIFIC:2BE1.L- . '
Alhambra.California 91901 A Pee:fie Telesis Company
February 11 , 1994
City of Moorpark
Assistant City Engineer
111 A Poindexter
Moorpark , CA 93021
Attention : Mr . Mike Myers
RE: Vacation No . PM 3828
Council File No . 93079-4
Gentlemen :
This is with reference to the proposed vacation I of Science
Drive , Vacation No . PM 3828 , Council File 93079 -4
Pacific Bell has completed arrangements for the protection
of our facilities in the subject area, therefore, we have
no further objections to the vacation proceeding .
If you have additional questions , please contact this office
at (818 ) 570-7423 .
Sincerely,
/to ill
W . S . C issold
Right of Way Administrator
WSC : plc.
•
•
The Gas Company- The Gas Company
Southern California
111 Jim Hammel Gas Company
Technical Services 9400 Oakdale Avenue
Northern Region Chatsworth.CA
913/3-2300
tel 818 701-3324
February 8, 1994
r
City of Moorpark Southern California
111 A Poindexter Gas Company
Moorpark, Ca. 93021 9400 Oakdale.irege
Chocmorth,C.i
91113-2300
Attn: Mr. Mike Myers, Assistant City Engineer Mailing Address.
Box:300
ChaRe:Realient of Science Dr. 9)313- 300rth.ci
gnm 91313-?300
Dear Mr. Myers:
We have reviewed the plans for the above mentioned project and have been in
communication with the Voit Management Company concerning the shortening of
the cul-de-sac and its effect on our facilities. Our gas main will be abandoned in the
area of the proposed street vacation. The Southern California Gas Company does
not require a reservation of an easement within the area of the "proposed street
• vacation",
If you have any questiones, please call me at (818)701-3324.
Sincerely,
, / '
/Jim Hammel
Technical Services
cc: Robert Lumley
Voit Management Co.,L.P.
1641 Fiske PI
Oxnard, Ca. 93033
PUBLIC WORKS AGENCY •
vEnturanArtriur E. GOulrecto
Representing EX=officio: Deputy Directors
Ventura County FloodControl District William B. $r.r.
Ventura County Waterworks Districts TransoORarcr
No. 1.16,17, and 19 JOhn C. Crowley
Lake Sherwood Community Services District Water Resources/Development
Fox Canyon Groundwater Management Agency
Robert E. Quinn,
February 10, 1994 Ergineering Service:
Paul W. Ru"i:',
Central Services
Alex Sheydari
Flood Con:rni
Mr. Mike Myers
Assistant City Engineer
City of Moorpark
111 A Poindexter
Moorpark, CA 93021
RE: REALIGNMENT OF SCIENCE DRIVE
Dear Mr. Myers:
Ventura County Waterworks District No. 1 (District) has existing
water and sewer facilities within the proposed area of the Science
Drive vacation.
Upon the relocation of the existing facilities, in accordance with
the District Rules and-.Regulations by the applicant, District will
not require a reservation of easement within or across the proposed
area of vacation. Applicant will be required to construct the
water and sewer facilities to serve the proposed development and
pay applicable fees.
Should you need additional information, please contact Ben S. Pugay
at (805) 584-4830.
Very truly yours,
e • c-1N,L31\
R. R. Pakala, Manager
Water and Sanitation Services Division
Water Resources and Development Department
RRP: jr
7150 'JVa:n It Canvcn Road. a.0. Box 2EC, Mocroark. CA 9302Q
(80.5) 53.1--1$29 FAX (805' X29.75d2
,117.)
O E" tf BOND NO. 62369498
PREMIUM: $795.00
FAITHFUL PERFORMANCE BOND
(Government Code 66499.1)
WHEREAS, The City Council of the City of Moorpark , State of California, and
OLTMANS CONSTRUCTION CO. and/or G&S PARTNERSIIIP
as Principal, Have entered into an agreement whereby Prrr cipal agrees to install and
complete certain designated public improvements, which said agreement, dated
, and identified as project:
STRFFT IMPROVFMFNTS FOR MAII MARKETING PRO.1FC.T, IPI) 93-1
is hereby referred to and made a part hereof; and
WHEREAS, Said Principal is required un er the terms of said agreement to furnish a
bond for the faithful performance of I agreement.
Now, therefore, we, the Prin
JFI IANCF INSURANCE Emu et _ �S Surety, are held and firmly bound unto
CITY OF MOORPARK r , as Obligee, in the
penal sum of SEVENTY-NI S Tp i NO FOUR HUNDRED NINETY-EIGHT AND 10/10011IS - - - -
v - - - - Dollars ($ 79,1911. 10 ) lawful money
of the United States, for the payment of which sum well and truly to be made, we
bind ourselves, our heirs, successors, executors and administrators, jointly and
severally, firmly by these presents.
The condition of this obligation Is such that if the above bounden Principal, his or
its heirs, executors, administrators, successors or assigns, shall in all things stand
to and abide by, and well and truly keep and perform the covenants, conditions and
provisions in the said agreement and any alteration thereof ade as therein provided,
on his or their part, to be kept and performed at the • : id in the manner therein
specified, and in all respects according to their true • 4, t . �d meaning, and shall
indemnify and save harmless the Obligee, its offi tents and employees, as
therein stipulated, then this obligation shall b : • I Ind void; otherwise, it shall
be and remain in full force and effect.
The Surety hereby stipulates and agrees that n change, extension of time, alteration
or addition to the terms of the agreement or to the work to be performed thereunder or
the specifications accompanying the same shall In anywise affect its obligations on this
bond, and it does hereby waive notice of any such change, extension of time, alteration
or edition to the terms of the agreement or to the work or to the specifications.
In witness whereof, this instrument has been duly executed by the Principal and
Surety above named, on December 27, 1993 •
OLTMANS CONSTRUCTION CO. and/or
G&S PARTNERSHIP
by OLTMANS CONSTRUCTION CO.
By: . a
R.M. Holmes
''r. mar of the P.aoarapal
RELIANCE ..a..• OMPANY
reT4, , Surety
1
BY: /I.:.�!�_., � _.
Ri . :►:E•. ir, Attorney-in-Fact
7447 North Figueroa Street
Los Angeles, CA 90041