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HomeMy WebLinkAboutAGENDA REPORT 1993 0818 CC REG ITEM 08I c7), ice © !z ITEM 1 )2- � 7 ._gam aus_ t!OOPPAPK, CALIFORNIA AGENDA REPORT City Cou cll Meeting CITY OF MOORPARK of i 1993 TO: The Honorable City Council ACTION: - a . FROM: Jaime Aguilera, Director of Community Developmen yrs Paul Porter, Senior By a e ag DATE: July 15, 1993 (CC meeting of August 18, 1993) SUBJECT: TENTATIVE TRACT MAP NO. 4081, MINOR MODIFICATION NO. 1 (ORCHARD DOWNS HOMEOWNERS ASSOCIATION) Background Tentative Tract Map No, 4081, which is located approximately 5,000 feet north of Los Angeles Avenue and east of Grimes Canyon Road, subdivided 111 acres into 21 five acre home sites. On January 6, 1986, the City Council adopted Resolution No. 86-263 approving Tentative Tract Map No. 4081 on the application of Frank M. Chadwick. The City Council adopted Resolution No. 89-564 on May 17, 1989 amending Resolution No. 86-263 for the purpose of extending the time of recordation. Recently, the City discovered that the County is responsible for inspecting Grimes Canyon Road street improvements, rather than the City of Moorpark as previously believed. Normally, removing a City Council approved condition of approval for a Tentative Tract Map would require a Major Modification to the Tract Map. The applicant has indicted that he has paid thousands of dollars dealing with the City Engineer and then discovered that the County, not the City has jurisdiction over all required Road improvements. The applicant has met with the County and found that the City's Conditions to improve Grimes Canyon Road are not consistent with the County requirements . As a result, the County has required the applicant to prepare revised plans, pay plan check and inspection fees for the required street improvements. In the interest of saving time and since the City originally thought Grimes Canyon Road was within the City's jurisdiction, this matter is being processed a Minor Modification to the Tentative Tract Map. Discussion On July 14, 1993, the applicant applied for Minor Modification No. 1 to Tentative Tract Map No. 4081 requesting a modification to Condition 18 and 33 of the approved Tentative Map. These conditions require that Grimes Canyon Road improvements be designed, constructed, inspected, bonded and finalized by the City of Moorpark. PP07:15293/8290ea8:\4081MD1.cc 1 These conditions state as follows: CITY ENGINEER CONDITIONS 18. That prior to recordation, the developer shall submit to the City of Moorpark for review and approval, street improvement plans prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete the improvements; and shall post sufficient surety guaranteeing the construction of the improvements. The improvements shall include concrete curb and gutter, street lights, striping and signing, and paving in accordance with the Ventura County Standards. The applicable Road Standard Plates are as follows: Grimes Canyon Road shall be constructed per Plate B-7A. Developer shall construct full improvements to Grimes Canyon Road for the portion fronting the property. All interior streets and cul-de-sacs shall be constructed per Plate B-6B, revised to have 36 feet of paving on 44 feet of right-of-way. All asphalt and base sections are subject to the approval of the City Engineer. 33. Developer shall construct as bus turnout on Grimes Canyon Road to the size and location as dictated by the City Engineer. Staff intends to revise Condition No. 18 to require that Grimes Canyon Road be improved in accordance with County Road Standards, but that the requirement for the bus turn-out shall remain. On July 15, 1993, staff contacted the County of Ventura Public Works Agency to discuss the requirement for the proposed bus turn-out. This was in response to the applicants comment in the attached letter dated July 9, 1993 stating the County does not require the bus turn-out. The County informed staff that the Public Works Agency on its own volition would not require a bus turn-out, unless Conditions of Approval require it. The requirement for the bus- turnout was imposed by the City at the request of the school district for the use of school buses . The Moorpark Unified School District has been contacted by the City's Public Works Director to determine if the District still needs the bus turn-out. It's the District's position the bus turn-out is needed to ensure the safety of the children. Therefore, staff has not approved the applicant's request for eliminate the need for the bus turn-out, but has combined this requirement with the new language for Condition No. 18 . PP07:15:93/6:40..a:\4081aD1.CC 2 Staff has not addressed others issues in the applicant's letter to the City dated July 9, 1993 as they are not part of this Minor Modification, but suggests that the Council direct staff as deemed appropriate regarding the applicant's other comments. The Director of Community Development has reviewed the proposed Minor Modification and approved it on July 21, 1993. Pursuant to Resolution No. 88-523, the Director has the authority to approve Minor Modifications. This matter is being presented to the City Council as a courtesy. In the event the City Council wishes to appeal the Director's decision, it may do so. The last day to file an appeal is August 6, 1993 . Should the City Council desire to appeal, the Council should set a public hearing date. The next available meeting date would be the meeting of September 8, 1993. If the City Council takes no action, the Director's decision will stand. Recommendation: Receive and file the report. Attachments: 1. Condition 2 . Approval letter 3. Applicant's letter to City dated July 7, 1993 with attachments 4. Minor Modification approval and condition PPO7:15:93/6:+O®a:\9O911m1_CC 3 pP C ,, °""'�� MOORPARK rget Armor 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 CITY OF MOORPARK oarEo COMMUNITY DEVELOPMENT DEPARTMENT APPROVAL OF A MINOR MODIFICATION Date: July 21, 1993 Entitlement: Minor Modification No. Tentative Tract Map No. 4082 (Minor Modification No. 1) Filed by: Colmer Development Company 23875 Ventura Boulevard, Suite No. 201 B Calabasas, California 91302 Attention: Wayne Colmer Address/Location: Approximately 5, 000 feet north of Los Angeles Avenue and east of Grimes Canyon Road in the City of Moorpark. Request: A modification to Condition 18 and 33 of the approved Tentative Map. Action: Director approved request to modify Condition No. 18 per Exhibit A; the Director has denied the applicant's request to delete or modify Condition No. 33. California Environmental Quality Act (CEQA) Compliance: This Department has reviewed the project to ascertain if there will be a significant effect on the environment. It has been determined that this project is categorically exempt from CEQA requirements as a Class 1 exemption for minor alterations. PP07:15:93/2:36pna:\90B9MDI.APR 1 PAUL W.LAWRASON JR. SCOTT MONTGOMERY PATRICK HUNTER BERNARDO M. PEREZ JOHN E.WOZNIAK Mayor Mayor Pro Tern Coundlmember Coundlmember Coundlmember Pdmed on Recycled Pec, Ordinance Compliance: Based upon the information and findings developed by staff, it has been determined that this application, with the attached conditions, meets the requirements of Moorpark Ordinance Code Section 8111-2. 1.2 - Permit Standards, in that: a. The Minor Modification is consistent with the intent and provisions of the City's General Plan and of Division 8, Chapters 1 and 2 of the City Ordinance Code; b. The Minor Modification is compatible with the character of surrounding development; c. The proposed Minor Modification is not be obnoxious or harmful, or impair the utility of neighboring property or uses; d. The Modification is not be detrimental to the public interest, health, safety, convenience, or welfare; and Appeals : As stated in Section 8111-8, within 16 calendar days after the permit has been approved, conditionally approved or denied, any aggrieved person may file an appeal of the approval, conditional approval or denial with the Community Development Department who shall set a hearing date before the Planning Commission to review the matter at the earliest convenient date. Zoning Clearance and Building Permit: Upon the expiration of the 15 day appeal period and upon completion of the "prior to zoning clearance" conditions, a Zone Clearance may be obtained from the Community Development Department. CITY OF MOORPARK Jaime Aguilera, Director of Community Development Date: July 21, 1993 Attachment A: Revised Condition No. 18 from TT 4081 cc. Paul Porter, Senior Planner Tentative Tract Map No. 4089 Modification No. 1 File Chroni File PP07:15:93/2:36pmA:\4089101.APR 2 REVISED CONDITION NO. 18 FOR TENTATIVE TRACT MAP 4081 18 . That prior to recordation, the developer shall submit to the County of Ventura for review and approval, street improvement plans prepared by a Registered Civil Engineer and shall; shall enter into an agreement with the County of Ventura to complete the improvements. The improvements shall include concrete curb and gutter, street lights, striping and signing, and paving in accordance with the Ventura County Standards. Grimes Canyon Road shall be constructed to full improvements to Grimes Canyon Road for the portion fronting the property. All interior streets and cul-de-sacs shall be constructed per Plate B-6B, revised to have 36 feet of paving on 44 feet of right-of-way. All asphalt and base sections are subject to the approval of the City Engineer. Developer shall construct as bus turnout on Grimes Canyon Road to the size and location as dictated by the County of Ventura and the Moorpark Unified School District. EXHIBIT A PP07:15:93/2:36pmA:\4089101.APR 3 OFFICE OF THE CITY CLERK CITY OF MOORPARK MEMORANDUM TO: The Honorable City Council FROM: Lillian E. Hare, City Clerk/ /V DATE: August 17, 1993 SUBJECT: Agenda Packet for City Council Meeting of August 18, 1993 The enclosed attachments to the following Item 8. I. of the 8/18/93 agenda are being provided as they were not available at the time the packet was prepared. 8. I. Consider Minor Mod No. 1 Tentative Tract Map No. 2081 for a Modification to Condition 18 and 33 of the Approved Tentative Map - Orchard Downs Homeowners Association. cc: Steven Kueny, City Manager c:\wp51\citycler\930816.02 ITEMaI COLMER DEVELOPMENT company 23875 Ventura Boulevard . Suite 201B . Calabasas. CA 91302 . (818) 222-5666 . FAX (818) 222-5668 JulN. 7 , 1993 City of Moorpark 799 Moorpark Ave. Moorpark, CA 93021 RE: Orchard Downs - Tract 4081 - Minor Modification The applicant requests the following: I. Modification of Conditions of the Tract Map Approval. Condition Nos. 18 and 33 require that Grimes Canyon Road improvements be designed, constructed, inspected, bonded and finalized by the City of Moorpark. Since September, 1992 the applicant has been trying to obtain staff direction to complete these improvements. The applicant has received conflicting information from staff and has been told that Willdan would be inspecting the improvements, then Abbott Engineering would be inspecting the improvements, then Willdan inspecting the improvements, then Abbott inspecting the improvements. The applicant has spent thousands of dollars dealing with the City's contract engineers, only to discover that the County, not the City, has jurisdiction over all required Grimes Canyon Road improvements. The applicant has met with the County and found that the City's conditions to improve Grimes Canyon Road are not consistent with County requirements. The County has insisted that the applicant prepare new revised plans, pay new plan check fees, and pay new inspection fees to the County before any work can be performed. The following modifications will be required: (1) . Condition No. 18 should be revised to state Grimes Canyon Road should be constructed to the County standards to the center of Grimes Canyon Road. (2) . Condition No. 33 requiring the bus turnout should be eliminated. The County does not require this. The applicant must have City approval to construct all improvements to County standards before it can proceed. Construction requirements must be consistent with County standards. -1- II. Repayment of Inspection Fees For Grimes Canyon Road. No inspection of Grimes Canyon Road improvements has ever been made. The applicant requests that the inspection fees collected by the City based on construction cost estimates approved by the City be reimbursed to the applicant, since the applicant will pay the County to inspect Grimes Canyon. III. Assignment of City Engineer. At the time the final map recorded, Willdan was the City Engineer. Willdan has inspected onsite grading and other on site subdivision improvements, but could not sign off and exonerate the applicant's bonds until Grimes Canyon Road was improved. Someone in the City must be assigned the responsibility of signing off on the applicant's bonds as soon as possible. Inspected improvements should not be reinspected. The applicant requests written confirmation of who it will be assigned as City Engineer. IV. Exoneration of Sales Office Cash Bond Time Deposit. The applicant posted a cash bond to guarantee removal of the project sales office. The sales office was removed. The applicant requested exoneration of the bond in September and staff has refused to process the request. The applicant requests City Council exoneration. This Time Deposit should not be tied to bonded improvements. V. City Work Done on Grimes Canyon Road. The City made off-tract improvements to Grimes Canyon Road and claimed these were the responsibility of the applicant. The applicant has denied responsibility, but offered to settle the dispute. Staff has not responded to the applicant's settlement proposal. Applicant requests City Council intervention. VI. Waiver of Minor Modification Fee. This modification request is required, because the City assumed Grimes Canyon Road was a City street, when it was not. Due to the City's error, the applicant is forced to file this modification so it can construct the improvements to County standards and fulfill obligations under the tract map conditions. The applicant is being burdened with extra engineering costs, extra plan check fees, extra administration costs, plus has been delayed due to these problems. The City should waive the application fee. The applicant requests that the $498 . 00 fee be refunded. cc: Mitch Kahn, Esq. -2- ATTACHMENTS June 4, 1993, two letters to Ken Gilbert from Wayne Colmer. May 7 , 1993 letter to Ken Gilbert from Wayne Colmer. May 3 , 1993 letter to Bob Brownie from Wayne Colmer. February 12, 1993 letter to Wayne Colmer from Ken Gilbert. January 25, 1993 letter to Steve Kueny from Wayne Colmer. January 22 , 1993 letter from Lillian Hare to Wayne Colmer. December 21, 1992 letter from Ken Gilbert to Wayne Colmer. December 9, 1992 letter to Dirk Lovett from Wayne Colmer. November 19, 1992 letter to Richard Hare from Wayne Colmer. October 28 , 1992 letter to Steve Kueny from Wayne Colmer. September 24, 1992 letter to Craig Malin from Wayne Colmer. January 5, 1992 letter to Wayne Colmer from Richard Hare. October 16, 1991 letter from Wayne Colmer to Ken Gilbert. October 15, 1991 letter from Ken Gilbert to Wayne Colmer. -3- COLiE1( DKVELOIMENT company 23875 1'ctlluta 13,ntic%atcl . S+titc 201B • Cal;i1 icas. CA (II 302 . (818) 222-5(('6 • Irl\ (818) — -,w1 June 4 , 1993 Mr. Ken Gilbert CITY OF MOORPARK • 799 Moorpark Ave. Moorpark, CA 93021 RE: Tract 4081 Dear Ken: As you are aware, the City recently discovered that the County is responsible for inspecting Grimes Canyon Road street improvements, rather than the City of Moorpark, as previously believed. In order to obtain County inspections and approvals, we must design and build the street to County standards. We are willing to redesign our improvement plans and resubmit these plans to the County with concurrence and approval of the City of Moorpark. The County requirements for improvements differ from the City's, and therefore we will require the following Modifications to the Conditions of Approval to meet the County standards. (1) . Condition #18 should be revised to state that Grimes Canyon Road shall be constructed per County standards to the center line of Grimes Canyon Road. (2) . Condition 133 requiring a bus turnout should be eliminated. The County does not require this. The County will not require dedication or annexation of Grimes Canyon Road. The improvement inspections will be accomplished by an encroachment permit. The County will require that I pay new inspection and plan check fees plus pay the design costs for revised improvement plans. I have already, paid the City to inspect and plan check these improvements, and therefore request that the City refund any unused inspection or plan check fees related to these improvements. Since the improvements were never inspected, 100% of the inspection fees should be available. The refund will help offset these new costs. { t • Mr. Ken Gilbert June 4 , 1993 Page Two I would like to move forward with these improvements as quickly as possible. Your prompt processing of this request would be appreciated . Sincere y, Way!1- Colmer 'C c COL � R DENE' 401 al ENT company 23875 Ventura Rnulcv:ucl . Suitc 201II . Calabasas, CA 91 302 . (818) 222-5666 . TAX (8I8) 211 June 4 , 1993 Mr. Ken Gilbert CITY OF MOORPARK 799 Moorpark Ave. Moorpark, CA 93021 RE: Invoice For Street Repairs Dear Ken: While we're settling loose ends, I would like to propose a settlement of the City's claim for reimbursement of Grimes Canyon Road Improvements. I believe that the cost to improve or maintain Grimes Canyon Road was never my responsibility, and that the repair was not a result of damage*,„. done during my construction. In retrospect, it appears that it is not the City's responsibility to maintain Grimes Canyon Road either, since it was under the County's jurisdiction. However, I propose reimbursing the City the contract cost of improvement of $3 , 120. 75 and ask the City to waive their claim for inspection, overhead and administration. My payment of these fees is conditional upon the City's exoneration and return of my certificate of deposit for the sales office I have removed at Orchard Downs. You will recall that the City is holding a C. D. in the amount of $3 , 500 pending the resolution of this dispute. I hope you can immediately settle this matter. Sincerely, Wayne olmer W / c COLN% ER DEVEJ Or- Mt-411N __- company , pany )1875 Ventura I;oulexat(1 . 5uitc• 201B . Calabasas, (:A0I 02 . (818) 222-5666 . IAX (818) 212-';008 May 7 , 1993 FAXED TO (805) 529-8270 Mr. Ken Gilbert CITY OF MOORPARK 799 Moorpark Ave. Moorpark, CA 93021 RE: Tract 4081 Dear Ken: Earlier today I met with Fred Boroumand, County of Ventura Transportation Department, to discuss the Grimes Canyon Road improvements I am required to make. Fred informed me that the County does own the street, and in order for them to inspect and accept the improvements they will require new improvement plans. The County will also require additional inspection and plan check fees. Some of the County's minimum requirements are different from the City's. Fred informs me that Grimes Canyon Road is still within the City's sphere of influence and all changes and modifications will require joint approval of the City and County. I am very anxious to complete the improvements on my subdivision and get my bonds exonerated. As a result of the meeting, there are several questions that I will need answered by the City. They are: , ( 1) . The City should not have collected plan check and inspection fees for Grimes Canyon Road improvements. They should be refunded and applied to the new fees Ihave to pay the County. What is the City's position? (2) . I have bonded for these road improvements with the City. The City, County and I should work together and satisfy the County's bonding requirements with the existing bonds now in place. (3) . The County will not require improvements on the west side of Grimes canyon Road and a bus turnout. I would like the City to approve waiving the improvements of these two areas when the County approves the plans. (4 ) . The County will require an additionalfive feet of right of way. I may have to get it from homeowners, since I no longer own the property . Hopefully, there will be no problem. • Mr. Ken Gilbert May 7, 1993 Page Two (5) . The County will require special hydrology and new engineering studies for Grimes Canyon Road which will be expensive. Trying to complete the subdivision improvements has been a nightmare. I hope we can work together to resolve these problems. I need to know what the City's position is before I can move forward. Sincerely, Wayne Calmer WC/tic cc: Larry Frager Fred Nammar Steve Kueny COLMER DEVELOPMENT company 2.3875 Ventura Boulevard . Suite 20111 . Calabasas. CA 91302 . (818) 222-5666 • FAX (8I8) 222-5668 May 3, 1993 VIA AIRBORNE EXPRESS Mr. Bob Brownie, Transportation Department COUNTY OF VENTURA Dept. of Public Works 800 S. Victoria Ave. Ventura, CA 93009 RE: Tract 4081 Dear Mr. Brownie: A controversy has recently arisen over the requirements for improvements on Grimes Canyon Road. The Conditions of Approval and improvement plans for Grimes Canyon Road were based on the requirements of the City of Moorpark. The City of Moorpark has recently informed us they believe final approval of our improvements are the responsibility of the County. Their requirements may differ from yours. We request an immediate meeting to resolve any questions surrounding the required improvements. Enclosed are excerpts of the Conditions of Approval, a letter from the City of Moorpark dated February 12 , 1993 and the improvement plans. Please contact me or Larry Frager at Benner and Carpenter (805) 525-3396 to set up a meeting as soon as possible. Sincerely, . ; , Wayne Colmer WC/mc Enclosures cc: Larry Frager Ken Gilbert, City of Moorpark i l _ t r n f7 ' r tl �. La. .eI. • MOORPARK 749 Moorpark Avenue Moorpark. Calk-rola 33021 1895) 529 6854 Pett-It"brand fax Iransmitlal memo 7671 r of Port February 12 , 1993 >b `�� 1 �� .e cJ (p�f _ A , I Lk coLu r0 Colmer Development Company � s' r r‘ 23875 Ventura Boulevard, Suite 2018 as Calabasas , CA 91302 I • •.. r �� • . .8 Re: Tract 4081 Dear Hr . Coiner, This is in response to your questions regarding the status of your compliance with the conditions of approval for the subject tract and the exoneration of the bonds for same. At this point it appears that there are a number of Conditions of Approval and other matters with which you have not yet fully complied. In that the processing of this project was started when willdan Associates was providing City Engineering services to the City, they will be coordinating the efforts required to fully answer your questions . It would be my suggestion that we schedule a meeting between the three of us to define and clarify the steps required to finalize this project. The following is a list of some of the points to be discussed: 1 . Conditions of Approval : The City Council approved Condition 1 19 which states certain requirements for the improvement of Grimes Canyon Road. It may be necessary to take this matter back to the City Council to have this Condition amended. 2 . County Road: As previously discussed, we have learned that Grimes Canyon Road is not within the City . [ Note : To be more clear , the City Limit line is twenty-five feet west of the centerline. Any additional street width conveyed as the result of the recordation of the subject Tract Hap or related instruments would be within the City . ] The propose street improvements were referred to the County for their comment . Enclosed is a copy of a letter from the County Road Department on this matter . w ? Av.nRsry, G<nrT in it,CO¢nr f Ainire HoliFn F.£nunnne r., rrncZ J^mI F W^)•nr., 11wv rrr... r� .� r...a-i.�.....u. r.•r....b..r..,n. rur.d..a r.. (.rimes Canyon iv.kid Page ? 3 . Invoice of 10/15/91 : As discussed in my December letter to you, it remains the position of the City that the cost incurred by the City for street repairs at the intersection of Turf Way should be reimbursed by Colmer - Development. Please call at your convenience so that we can schedule the meeting suggested above; or, if you prefer, contact tor . Pat Dobbins of, Willdan Associates directly to discuss the prerequisites to complying with your request . sir, a vy Ken Gilbert Public Works Director cc: Steven Kueny, City Manager Pat Dobbins , Willdan Associates • COI ,Mtn I ) F V 1 ►LOPiyiENT company p,any , 1875 \canna Ikndc'arzl . Suite 20111 . Calabasas. CA 91 302 . (818) 222-5666 . FAX (818) 222-5668 January 25 , 1993 Mr. Steve Kueny CITY OF MOORPARK 799 Moorpark Ave. Moorpark, CA 93021 RE: Tract 4081 Dear Steve: For the past several months I have been asking your Engineering, Public Works Departments and the City Manager to assist me to obtain exoneration of my grading bond, approve modification to the final map, and provide inspection of improvements at my tract. I also asked in Sep"teJnber for the return of a cash bond for the removal of the construction trailer. The City has responded by saying my request for map modification must be sent to the City Council at great cost and time delay, and they would not return my trailer removal bond until all other obligations with the City were settled. To add to my frustration, today I received a letter from Lillian Hare, the City Clerk. She informed me that the City Council never approved exoneration of my grading bond. I know this and I have known it for a long time! One of Willdan's final acts before being dismissed as City Engineer was to inspect the grading at Tract 4081 . There were a few minor pickup items that were completed after their inspection and it was my understanding that Willdan would then forward a request to the City Council for bond exoneration. This never occurred. I started complaining to your staff about it in September. Several weeks ago I spoke to you on the phone and discussed my frustration over trying to get the City Engineer to inspect improvements required at my tract. We were informed that Willdan had been paid to inspect subdivision improvements and that Abbott, the new City Engineer, would not inspect these improvements until paid by the City because Willdan had the City inspection fees. It was my understanding that the City would direct me to the proper inspecting engineer within a few days. That was two to three weeks ago. No direction has been given. ( . ( /Mr. Steve Kueny January 25, 1993 Page Two • I am obligated to complete subdivision improvements at this tract, but it appears that your City is making it difficult, if not impossible, to do so. The recent rains have caused erosion damage that would have been avoided if these improvements would have been installed. I would like to complete the improvements as soon as possible. Please help me by directing your staff to respond to my request to initiate grading bond exoneration and tract inspections. Sincerely, Wayne Colmer WC/mc cc: Ken Gilbert Lillian Hare Richard Hare Dirk Lovett C r pt C• ' OO PARK nu"°bV/ 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 January 22 , 1993 Mr. Wayne Colmer Colmer Development Company 23875 Ventura Blvd. Suite 201E Calabasas, CA 91302 Dear Mr. Colmer: Your letter requesting exoneration of your grading bond was forwarded to my office as the City Engineer had no records related to the bond. I searched the City Council minutes and can find no Council action approving the exoneration of your grading bond. It is my understanding that you would need to contact the City Engineer to request the processing of a bond exoneration. If I can be of any further assistance, please call me. Sincerely, Lillian E. Hare, CMC City Clerk • • cc: Steven Kueny, City Manager Dirk Lovett, Assistant City Engineer • • • PAUL W.LAWRASON JR. SCOTT MONTGOMERY PATRICK HUNTER BERNARDO M. PEREZ JOHN E.WOZNIAK Mayor Mayor Pro Tem Counalmember Counalmember Counalmember y,...-r, • i- • eoiPµ S MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 o� December 21 , 1992 Colmer Development Company 23875 Ventura Boulevard, Suite 201B Calabasas, CA 91302 Re: Grimes Canyon Road _ Street -Improvements Tract 4081 Dear Mr. Colmer, This is in response to questions you recently raised regarding the required improvement to Grimes Canyon Road. 1 . Scope of Required Off-Site Improvements: The City Council approved a number of conditions when they approved the subject tentative map. Condition # 18 is very specific in stating the improvements required for Grimes Canyon Road. If you wish to have these requirements revised you will need to submit the proper application to the planning department to have the City Council revisit this matter. 2. Approved Plans: I presume that the improvement plans you had prepared for these street improvements fully implement the required street improvements and have been approved by the City Engineer. It would be wise if you were to confirm this to be the case. 3 . County Road: Although it may have been unclear when the above matters were processed, Grimes Canyon Road is not within the City. [Note: To be more clear, the City Limit line is twenty-five feet west of the centerline. Any additional street width conveyed as the result of the recordation of the subject Tract Map or related instruments would be within the City. ] The County Road Department has requested that they be allowed to review any plans for street improvement. At our meeting last week I mentioned that you should contact them regarding any permits they may require regarding traffic control , etc. 4 . Invoice of 10/15/91 : At our meeting you again questioned the legitimacy of the 10/15/91 INVOICE ( $4 , 025. 94 ) for City costs incurred for asphalt repairs undertaken by the PAIR W LAWRASON JR JOHN F.WOZNIAK SCOTT MONTGOMERY BERNARDO M PIPE ROVE TALLEV JR Mayo, MRyor Pro Tern Cnuncilmember Cnuncdmember Councilmemti.r Grimes Canyon Road Page 2 City at the intersection of Grimes Canyon Road and Turfway Drive. In response we believe these charges are appropriate. The justification is based on a number of points, including but limited to the following summary: a. The City contacted you several times requesting that you undertake the necessary street repairs through your own resources . We received no cooperation. In response to a growing safety problem, the City was forced to undertake the necessary repairs . b. Although asphalt patching was required at a number of locations on Grimes Canyon Road, there were no other locations where the street subsided. This problem was confined to the intersection of Grimes Canyon Road and Turfway Drive. It did not exist prior to construction of Turfway Drive. It is the view of the City that the street subsidence is related to the addition of this intersection. c. The City does not claim to be able to document the precise cause for the subsidence. It could be related to some problem resulting from the construction activity. It could be the result of an increased volume of heavy truck traffic entering and leaving the development. It could be caused by the slow turning movements of the heavy trucks at that location. The point is that the problem occurred at the precise location where all of these events occurred, and these events are the result of your construction efforts. 5. Bond Exoneration: To reiterate information provided to you by the City Treasurer, Mr. Hare, it is the policy of the City to consider the exoneration of bonds only when all of the outstanding issues related to the project have been resolved. Please call if you have any questions. Sincer ly Ken Gilbert Public Works Director cc: Steven Kueny, City Manager Richard Hare, Deputy City Manager Pat Dobbins, Willdan Associates i • CONDITIONS FOR : Tract 4081 APPLICANT: Frank M. Chadwick - ( DATE: November 14 , 1985 PAGE: 1 CITY ENGINEER CONDITIONS: 16. That prior to recordation , the developer shall submit to the City of Moorpark for review and approval , a grading plan prepared by a Registered Civil Engineer ; shall obtain a Grading Permit; and shall post sufficient surety guaran- teeing completion . 17. That prior to recordation , the developer shall submit to the City of Moorpark for review and approval , a detailed Geotec- hnical Report . The grading plan shall incorporate the re- commendations of the approved Geotechnical Report. '18, That prior to recordation , the developer shall submit to the City of Moorpark for review and approval , street improve- ment plans prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to com- plete the improvements; and shall post sufficient surety guaranteeing the construction of the improvements . The improvements shall include concrete curb and gutter , street lights , striping and signing , and paving in accor- • dance with the Ventura County Road Standards . The applicable Road Standard Plates are as follows : Grimes Canyon Road shall be constructed per Plate B-7A. Developer shall construct full improvements to Grimes Canyon Road for the portion fronting the property. All interior streets and cul-de-sacs shall be constructed per Plate B-6B, revised to have 36 feet of paving on 44 ' of right- of-way. All alphalt and base sections are subject to the approval of the City Engineer, 19. That in conjunction with the recordation of the Final Map , the developer shall offer to dedicate on the Final Map to the City of Moorpark for public use , all the public streets right-of-way shown on the Final Map . 20. That prior to any work being conducted within the State or City right-of-way , the developer shall obtain an En • - croachment Permit from the appropriate agency . _21. That in conjunction with -recordation , the developer shall dedicate on the Final Map to the City of- Moorpark the access - rights adjacent to GEimes Canyon Road along the entire = frontage of the parent parcel except for approved access road(s ) as delineated on the approved Tentative Maps . 22. That prior to recordation , the developer shall . demonstrate - feasible access with adequate protection from a 100-year ---- frequency storm to the satisfaction of the City of Moorpark . 1 IPPqr CONDITIONS FOR : Tract 4081 APPLICANT: Frank M. Chadwick DATE: November 14 , 1985 PAGE: 3 c . Enter into an Agreement with the City , guaranteed by such cash deposits or other security as the City may require , pursuant to which the subdivider will play all of the City ' s cost (including , without limitation , attorney 's fees and overhead expenses ) of acquiring such an interest in the land . 28. That prior to recordation , the developer shall submit to the City of Moorpark for review and approval , drainage plans , hydrologic , and hydraulic calculations prepared by a Registered Civil Engineer ; shall enter into an agreement with the City of Moorpark to complete the improvement and . shall post sufficient surety guaranteeing the construction of the improvements . The drainage plans and calculations shall indicate the following conditions before and after development . 29. Quantities of water , water flow rates , major water courses , drainage areas and patterns , diversions , collection systems , flood hazard areas , sumps and drainage courses . 30. That in conjunction with recordation , the developer shall delineate on the Final Map areas subject to flooding as a . "Flowage Easement" and then offer the easement for dedica- tion to the City of Moorpark . Lot to lot drainage easements , flood hazard areas and secondary drainage ease- ments shall also be delineated on the Map . 31. That prior .to any work begin conducted within the flowage easement , the developer shall obtain a Ventura County Flood Control District Watercourse Encroachment Permit . 32. That prior to recordation , the developer shall submit to the City of Moorpark for review and approval , evidence that all the buildable sites in the subdivision will be protected from flooding . (11110 Developer shall construct a bus turnout on Grimes Canyon Road to the size and location as dictated by the City Engineer . 34. That lot to lot drainage shall be delineated on the final map with easements and assurance shall be -provided to -- the City of Moorpark that these easements will be -adequately maintained _ by._property owners to safely convey storm water flows . _ _ - _ _ - 35. Developer shall pay all energy costs associated with any new street lighting for a period of one year from the initial ene_rg_izing of the street lights . . COI ,l lira DEVELD 'cliEN T company 23875 Ventura Boulevard • Suite 20113 • Calabasas. CA 91302 . (818) 222-5666 • FAX (818) 222-5668 December 9 , 1992 Mr. Dirk Lovett CITY OF MOORPARK 111 "A" Poindexter Moorpark, CA 93021 RE: Tract 4081 Dear Mr. Lovett: Approximately 1-1/2 years ago Willdan approved exoneration of our grading bond. Exoneration was approved just prior to their termination. The exonerated bond has never been sent to us. The bonding company is now requesting a bond renewal fee. I would like to have the bond exonerated as soon as possible, along with a letter of explanation from the City of Moorpark indicating the approximate date when the bond should have been exonerated. I hope you can give this matter your prompt attention. Thank you. Sincere y, Wayne .olmer i WC/ ' cc: Steve Kueny K _ ( c COLMJER DEVELOI MFNT company 23875 Veruura I30ukv.rdl • Suite 20111 • Calabasas. CA 91302 . (818) 222-5666 . FAX (818) 222 7cori November 19, 1992 Mr. Richard Hare Deputy City Manager CITY OF MOORPARK 799 Moorpark Ave. Moorpark, CA 93021 RE: Tract 4081 Dear Mr. Hare: I am very frustrated with my dealings with the City of Moorpark. The City is diligent collecting money owed them. The City is also dilatory responding to my request for exoneration of bonds and payment deposits. Over a year ago I requested exoneration of my grading bond and have yet to receive a response. Recently I have made numerous requests for the refund of a cash deposit for a temporary trailer. There has been no responses Would you please help. Sine rely, 14, l � l Wayn C liner WCC c Enc osures cc: Wayne Boyer Steve Kueny • • COLM1 R DEVELOPMENT company 23875 A'ctinira Boulevard . Suiic 201B • Calabasas, OV 91302 . (818) 222-5666 • FAX (818) 222-5668 October 28, 1992 Mr. Steve Kueny CITY OF MOORPARK 799 Moorpark Ave. Moorpark, CA 93021 RE: Tract 4081 — Return of $3 , 000 deposit Dear Steve: Last month I wrote Craig and asked for a return of our deposit. I have received no response to my letter or phone calls. Could you please help. Sincerely, Wayn' Colmer WC/mc Enclosure • • COL &R DEVF,LO LISVI NT company pany 23875 Ventura Boulevard . Suite 20111 . Calabasas, CA 91302 . (818) 222-5666 . FAX (818) 222-50n8 September 24 , 1992 Mr. Craig Malin CITY OF MOORPARK 799 Moorpark Ave. Moorpark, Ca 93021 RE: Tract 4081 Temporary Trailer Dear Mr. Malin: On May 15, 1989 I provided the City of Moorpark with a time deposit in the amount of $3, 000 to guarantee my performance for the removal of the sales and construction trailer at the subdivision. The construction trailer was removed last week. The time deposit number is 22930, issued by the Bank of A. Levy. Please mail the original certificate to me as soon as possible. Thank you. Sincerely, Wayne Colmer WC/mc MOORPARK c,t / 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 0 January 5, 1992 Wayne Colmer Colmer Development company 23875 Ventura Blvd. #201B Calabasas, Ca. 91302 RE: Tract 4081 Dear Wayne: I have spoken with the City Engineer and confirmed that the $305. 00 invoice to Colmer Development company was in error. The subject permit fees were paid by Edison. In your letter you mentioned the repairs to Grimes Canyon Road and whether or not we had spoken with John Knipe regarding the City' s claim for reimbursement. Ken Gilbert the City's Public Works Director informed me that he wrote a letter to you on December 22 , 1992 regarding his conversation with Mr. Knipe. I believe your letter and his letter passed in the mail. If you do not have a copy of his letter in your files, please call me and I will ask him to mail it to you again. With the resolution of the Grimes Canyon Road repairs and the settlement of this $305 . 00 invoice I am sure we can move ahead with the exoneration of your bonds. I look forward to seeing you in the near future. S i r • • chard Hare Deputy City Manager RH/yb cc: Steven Kueny, City Manager Ken Gilbert, PW Director Wayne Boyer, Finance Officer PAUI W I.AWRASON JR JOHN F WOZNIAK SCOTT MONrGOMF.RY 1IFFINARDO M PT HFI f1OY F TAI I FY JR Mayor Mayor Pro Tern CouncJmemhe, Corny arnember Counulmemhor DEVELOI4[ENT company 23875 Ventura Boulevard . Suite 20113 . Calabasas. CA 91302 • (818) 222-5666 . FAX (818) 222-5668 October 16 , 1991 Mr. Yen Gilbert Public Works Director City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 RE: Invoice for Street Repairs Tract 4081 Dear Mr. Gilbert: I am at a loss to understand why I should be billed the $4 , 025 . 94 for the street repairs you conducted . I spoke to someone in the city , four months ago, who was calling to complain about the depression near Turfway Drive, because the truckers had filed a complaint with the city. I informed him the depression was an existing condition at the time we purchased the property. This depression, by coincidence, is adjacent to Turfway Drive. It is apparent to anyone who analyzes the situation, that the construction that took place at Tract 4081 , in no way created a depression. The repair work and the invoice are not our responsibility. If you would like to discuss it further, please give me a call . Sincere , Wayne Cd mer r 7 • i JC o,,,.. cE.`ugta MOORPARK n e✓, 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 Coe October 15 , 1991 Conner Development Company 23875 Ventura Boulevard, Suite 201B Calabasas , CA 91302 Re: Invoice for Street Repairs Associated with Tract 4081 Dear Mr. Colmer, This will serve as an INVOICE in the amount of $4 ,025.94 to cover City incurred expenses for the repair of certain streets damaged by your company. During and as a result of the construction efforts of your company associated with the development of the subject tract, a severe depression in the roadway developed at the intersection of Grimes Canyon Road and Turfway Drive. I am advised that the former City Engineer, John Knipe, had requested that you take steps to repair this problem. Apparently his attempts failed to yield a timely response from your company. For obvious safety reasons, the City felt it necessary to make the required repairs. This is to request that you reimburse the City for those expenses. The basis for this reimbursement is as follows: . Contract Cost $3 , 120.75 . Inspection 100.00 Sub-total $3 , 220. 75 . overhead & Administration ( 25%) 800. 19 Total $4 ,025.94 Please remit the above amount by November 22 , 1991 . If you have any questions, please don't hesitate to call . Sigee �1i ', I t V Ken Gilbert Public Works Director cc: Steven Kueny, City Manager Charles Abbott, City Engineer John Knipe, Willdan Associates Finance PAlit W LAWRASON JR. BERNARDO M PEREZ SCOTT MONTGOMERY ROY E. TALLEY JR JOIrN E WOPnAK Mayor Mayor Pro Tem CouncilmemDn Councilmamber Cooncdm.mr.,