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HomeMy WebLinkAboutAGENDA REPORT 1990 0606 CC REG ITEM 11OBERNARDO M.PEREZ Mayor SCOTT MONTGOMERY Mayor Pro Tern ELOISE BROWN Councilmember CLINT HARPER, Ph.D. Councilmember PAUL W. LAWRASON, Jr. Councilmember LILLIAN KELLERMAN City Clerk MOORPARK M E M O R A N D U M TO: The Honorable City Council FROM: Steven Rueny, City Manager if— DATE: June 1, 1990 SUBJECT: Consider Letter from Topa (PD 1064) Concerning Sidewalks ITEM 1 I • � • STEVEN KUENY City Manager CHERYL J.KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police RICHARD T. HARE City Treasurer Prior to October 1989, Topa installed about 80% of the sidewalks on its project. They did not meet City standards since the sidewalks were installed with a light rocksalt finish instead of the required broom finish. At the October 4, 1989 Council Meeting, Susan Weintraub, representing Topa, requested approval for occupancy and stated Topa was not willing to negotiate on the sidewalk issue. The Council took action to allow up to seven occupancies and for staff to discuss the sidewalk issue with Topa. Between October 4 and November 1, 1989, Topa, on its own initiative, installed the remaining sidewalk areas with the same light rocksalt finish. On November 1, 1989, the City Council considered a report from the City Manager with a suggested compromise to resolve the issue of the non - standard sidewalk. In summary, the compromise was to have the City accept the non - standard sidewalk on the Topa site with Topa constructing a sidewalk on the east side of Spring Road from New Los Angeles Avenue north to the terminus of the existing sidewalk. A copy of the October 26, 1989 staff report, explaining the compromise, is attached. Mr. Paul Gienger, representing Topa, stated his agreement to this action. The Council then voted to accept it. Topa deposited the requested $15,000. On November 29, 1989, Mr. Gienger wrote a letter expressing his concern that the cost estimate exceeded $30,000 for the sidewalk project on Spring Road. In subsequent conversation, 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 The Honorable City Council June 1, 1990 Page 2 I stated I would recommend that the Council consider contributing $10,000 from the Los Angeles Avenue AOC to the work. Topa continued to pursue the improvement. With a redesign prepared by the City Engineer and a commitment secured by the City Manager from Steve Anderson (representative of the owner of the property at the northeast corner of New Los Angeles Avenue and Spring Road) to allow the improvement, Topa did pursue and ultimately obtain an encroachment permit from Caltrans. On May 9, 1990, I met with Topa representatives Paul Gienger and Susan Weintraub. They expressed their concerns with the cost for the Spring Road sidewalk. I reminded them of their acceptance of the compromise and reiterated my willingness to recommend a $10,000 contribution from the City. On March 14, 1990, I received Topa's May 11, 1990 letter. Two representations in the May 11 letter need correction: 1. I did not indicate the City would contribute some amount for tree removal and demolition of the brick pilaster. As previously referenced, I said I would recommend $10,000 from the City towards the sidewalk project. The plans, prepared by the City Engineer, as I recall, did not require demolition of the pilasters. 2. On November 1, 1989, Topa accepted the suggested compromise with the risk that the cost might exceed $15,000. They did not retain the unilateral right to remove the rocksalt finish sidewalk and receive a return of their deposit. The compromise accepted by Topa and the City on November 1, 1989 is still applicable. With the apparent escalation in costs, the City should consider a contribution to the Spring Road sidewalk. In addition, Topa is still due a refund of an estimated $20,000 (less the City Engineer's cost to design the Spring Road sidewalk) from the City of L.A. Avenue AOC funds as part of its work on the Spring Road storm drain fronting the Topa site. Much of the sidewalk which Topa has stated it intends to remove is within right -of -way and /or pedestrian easement and requires a City encroachment permit. The City Engineer has put Topa on notice to not remove the sidewalk. When we met on May 9, I told the Topa representatives this matter could be on the June 6, 1990 agenda. Topa has been invited to the June 6th Council Meeting. The Honorable City Council June 1, 1990 Page 3 In summary, the November 1, 1989 compromise is still a workable solution. Due to the actual costs apparently being in excess of the estimated $15,000, the City should make a contribution. I recommend $10,000. Staff Recommendation (Roll Call Vote) Appropriate $10,000 from the L.A. Avenue AOC for the construction of sidewalks on the east side of Spring Road north of New Los Angeles Avenue. SK:sc 614.tem Attachments: Topa May 11, 1990 Letter Topa November 29, 1989 Letter Staff Report October 26, 1989 October 4, 1989 City Council Minutes November 1, 1989 City Council Minutes f, ..00RPARK, CALIFORN:, City Cound Meeting of 199 ACTION: C4 C/ MOTION: Councilmember Brown moved and Councilmember Montgomery seconded a motion to refund immediately the $15,000 deposited by TOPA for the completion of the sidewalk on the east side of Spring Road from New Los Angeles Avenue north to the terminus of the existing sidewalk; to refund $20,000 additional costs on the sidewalk from the Los Angeles Area of Contribution to TOPA; construction on the sidewalk to move forward immediately; that upon acceptance by the City Engineer and Cal Trains of the sidewalk the City Manager be authorized to pre -issue the funds from the Los Angeles AOC. The motion carried by unanimous roll call vote. 7OO MANAGEMENT COMPANY May 11, 1990 Mr. Steve Kueney City Manager City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 RE: Sidewalk Northeast Corner Spring /LA Dear Mr. Kueney: Topa Management Partnership is extremely disappointed with the City's attitude toward our development and our company. When the sidewalks adjacent to the public right of way at our projects were poured, the contractor finished the sidewalks with a salt finish. The city engineers inspector watched the concrete being poured and the finish applied. After the concrete had hardened and it was too late to do anything about the finish, he informed the contractor that the city standard was a broom finish. We were given a choice to either remove the sidewalk and repour, finishing it per city standard, or we could put in an additional sidewalk on the east side of Spring north of Los Angeles Avenue. The city engineer estimated the cost to be about $15,000. The $15,000 figure was approximately the same cost as the cost to remove and replace our salt finish sidewalk. We proceeded to obtain Cal Trans permits for the new sidewalk and estimates for the new sidewalk. Concurrently, we deposited $15,000 with the City as a good faith deposit so the city would not hold up occupancy on our building. Preliminary estimates for the work came in at about $35,000. You indicated that the City would contribute same amount for tree removal and demolition of brick pilaster. RECEIVED MAY 1 4 99 CITY OF hr00111 1A 1BOO AVENUE OF THE STARS - SUITE 1400 - LOS ANGELES, CALIFORNIA 90067 -4216 - (213) 203 -9199 70PQ Mr. Steve Kueney May 11, 1990 Page Two We proceeded with the permits and to obtain firm pricing for the necessary work. The permit from Cal Trans was obtained in mid April and two bids were submitted to your office. The low bid was approximately $27,000 and did not include traffic control or any retaining walls that Cal Trans field inspector might require. We can still replace our sidewalk for $15,000. We have proceeded with the alternative because replacement of our sidewalk is a simple waste of $15,000 and nobody wins. However, we have already expended $450,000 on this intersection, not including cost of land for street widening, curb and gutter, sidewalks, any of the associated cost for grading and compaction, or storm drain work. We do not intend to spend any more. You had estimated the cost associated with the storm drain at $225,000. We did the work for $181,000. All we have been able to receive for reimbursement is $132,000 and we have had to fight for every nickel. In fifteen years in this business and in dealing with twenty cities, I have never been treated so unreasonably and so unfairly. On June 18, 1990, we will proceed to demolish the salt finish sidewalk adjacent to our site and replace it with a broom finish sidewalk. Upon completion, we anticipate the City will refund our good faith deposit. Should you and the city council wish to contribute the additional funds necessary to accomplish the work on the north side of Los Angeles Avenue prior to our demolition and replacement, contact the undersigned. Respectfully, TOPA MANAGE NT COMPANY Paul R. Gienger Vice President PRG /ff cc: Ellis Stern cc: City Council 70C) MANAGEMENT COMPANY November 29, 1989 Mr. Steven Kueny City Manager City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 RE: Sidewalk NEC Los Angeles Avenue and Spring Road Dear Steve: The full extent of the work necessary to construct the sidewalk north of Los Angeles Avenue on the east side of Spring Road includes tree removal, construction of retaining walls and footings, removal of wrought iron fence and brick pilasters and reconstruction of fencing. The cost estimate by constructor is $30,350, which does not include replacement fencing. It would cost us less to replace our own sidewalk, however there is no substantial benefit to either of us if we pursue that remedy. We would like to see the City of Moorpark benefit from the agreement reached but not to our further detriment. We will proceed with the north Spring Road sidewalk if the LAAOC will reimburse the cost above $15,000. RECEIVED NOV 2 9 89 CI'f1f OF MOORPARK 1800 AVENUE OF THE STARS ' SUITE 1400 ' LOS ANGELES, CALIFORNIA 90067 -4216 - (213) 203 -91 SS .70pa Mr. Steven Kueny November 29, 1989 Page Two Our contractor is anxious to complete his contract and is pushing us for a decision. We sincerely regret the need to come back to you with this problem but the work both within and out of the right of way, has pushed the cost beyond both our original estimate and that of the City Engineer. Please let me know your thoughts as soon as possible. Very truly yours, PA MANAGEMEN OMPANY Paul R. Gienger Vice President PRG /ff Enclosure KELLER CONSTRUCTION CO. INC M E M O R A N D U M TO: Topa Management FROM: Donald Kahn, Jr. RE: Moorpark Gateway Plaz Keller Job No. 802 Sidewalk Addition at Northeast Corner Laos Angeles Avenue and Spring Road DATC: November 27, 1989 Attached for your disposition please find a rough cost breakdown to complete the sidewalk, east of Spring Road and north of Laos Angeles Avenue, as required by the City of Moorpark. Said cost is inclusive of demolition, removal of trees, disposal of dunnage, new sidewalk and retaining wall, and additional barricading to complete work. The breakdown is as follows: a) Demolition &'Removal $ 8,400 b) Tree Removal' S 4,200 C) Concrete $16,500 d) Barricade $ 11150 e) Total $30,350 Please note that those costs do not represent replacement of fencing on properties adjacent to proposed sidewalk and retaining wall. Additionally, prior to work commencing Keller Construction would require an engineered and approved drawing for construction of new retaining wall. Be advised that CalTrans input for coordinating this work will also be necessary. DKJ:sb Attachment cc: T. Keeton J. Hope Job File 802- 11/2701 f r> ELOISE BROWN Mayor BERNARDO M. PEREZ Mayor Pro Tern CLINT HARPER, Ph. D. Councilmember PAUL LAWRASON Councilmember SCOTT MONTGOMERY Councilmember RICHARD T. HARE City Treasurer MOORPARK ITEM I I. C3. M E M O R A M D U M TO: The Honorable City Council % FROM: Steven Kueny, City Manager I v r� STEVEN KUENY City Manager CHERYL J. KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police DATE: October 26, 1989 (City Council Meeting Nov- 1, 1989) SUBJECT: Consider Waiving of Sidewalk Standard for PD -1064 (TOPA) As the Council is aware, a major portion of the public sidewalks on both the Spring Road and Los Angeles Avenue frontages of this project were installed with a light rocksalt finish instead of the required broom finish. TOPA acknowledges their mistake. The City Engineer has indicated the sidewalk meets the City's structural requirements. At the October 4, 1989 Council meeting, the Council directed staff to proceed with resolution of this situation. Staff has discussed the matter with TOPA's representative, Paul Geinger. After discussion, Mr. Geinger has indicated acceptance of the following: 1. City to accept the currently installed sidewalks and allow the balance of the public sidewalk at the corner. of Spring Road and Los Angeles Avenue to be completed with the same light rocksalt f inish. 2. TOPA to deposit $15,000 in cash with the City by November 9, 1989. 3. TOPA to install sidewalks on the east side of Spring Road to the satisfaction of the City (City Manager) from the corner of Spring Road and New Los Angeles Avenue north to the current terminus of the existing sidewalk. As determined by the City, the sidewalk may be asphaltic concrete or concrete or some combination. TOPA shall make this installation regardless of cost with the actual construction costs to be verified by the City Engineer. If construction costs are less than $15,000, the City shall refund the construction amount to TOPA and retain the balance for the purpose of installing a sidewalk on the west side of Spring Road north of Los Angeles Avenue. If construction costs are $15,000 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 The Honorable City Council October 26, 1989 Page 2 or greater, the City shall refund the total $15,000 deposit to TOPA. The refund shall be provided to TOPA within 15 days after their written request of refund is received and the City Engineer's verification of construction costs. Staff is a little concerned with the deviation from adopted standards but feels the proposal is an acceptable compromise for both parties. In addition, the alternative sidewalk finish may allow the City to determine if finishes other than the standard broom finish should be allowed in the future. STAFF RECOMMENDATION Approve the deviation from the standard sidewalk finish for PD -1064 and accept the proposal as contained in 1 -3, above. SK:sc 8910266 cc: Mr. Paul Geinger Y � Minutes of the City Council Moorpark, California Page 2 October 4, 1989 Councilmember Harper asked that consideration of TOPA's Gateway Plaza occupancy request be added to the agenda. Councilmember Perez said he would like to add to the agenda consideration of Ventura County Multicultural Arts Council's request for City support of its annual "Dia de Los Muertos" celebration, the timing being critical to them. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to add the three requested items as 11.H., 11.I. and 11.J to the agenda as need arose concerning these items after the posting of the agenda. The motion carried by unanimous voice vote. 6. PUBLIC COMMENTS: A. Connie Lawrason, 4291 Ambermeadow, complained about the truck traffic on Highway 118 and Los Angeles Avenue and the danger of accidents. She said cars are still parking on 118 where they shouldn't be. B. Susan Weintraub, 1800 Avenue of the Stars, Los Angeles, spoke representing TOPA Management. She indicated the delays that had been experienced on the project which where out of TOPA's control and asked for the City's understanding in working with TOPA on allowing occupancy of the Gateway Plaza. She asked that the salt finish on the sidewalk, which was not to City standards, be accepted. C. Gary Scott, 12395 Springcreek Rd., asked that the hours of trash collection be changed to start no sooner than 7:00 a.m. D. Elaine Cordeau, 4591 Fern Valley Ct., asked that tenants be allowed to occupy the Gateway Plaza. E. Ira Greenberg, 8410 Waters Rd., complained about not being able to get approval for occupancy at the Gateway Plaza. F. Dick Odle, 5775 Los Angeles Ave., asked the Council to approve the project concept changes for Tract 3319 -1 to be considered as Item 11.B. G. Paul Bollinger, 5743 Corsa Ave., Simi Valley, of Bollinger Development, said that they had worked with the staff to alleviate problems with the plan for Tract 3319 -1 and would like approval to finish the project. H. Jim Allcala, 5775 Los Angeles Ave., Simi Valley, of Spectrum, said the project concept changes for tract 3319 -1 were in the best interests of the City. Minutes of the City Council Moorpark, California Page 11 October 4, 1989 I. Consider TOPA Management request for Authorization for Occupancy of the Gateway Plaza, The Council requested information on the number of tenants ready to occupy the Gateway Plaza. Susan Weintraub, of TOPA Management, said she had three retail and one office tenant ready to move in. She indicated that in 10 days the restaurant would be ready for occupancy and in another two weeks two other retail tenants would be ready to move in. Mayor Brown indicated that the signalization was important for safety reasons but realized the delay of the poles was a problem. Councilmember Harper indicated that a select number of occupancy permits could be allowed if some kind of compromise could be reached regarding the sidewalk which was not finished to City standards. Councilmember Montgomery said that since performance bonds were being held on the project, he didn't think it was necessary to limit occupancy to a specific number. Ms. Weintraub indicated that TOPA was not willing to negotiate on the sidewalk and would remove it and reconstruct it rather than consider other alternatives. MOTION: Councilmember Harper moved and Councilmember Perez seconded a motion to allow seven tenants to occupy the Gateway Plaza; any additional requests for occupancy to come before the Council for approval; and for the staff to continue to negotiate with TOPA regarding the sidewalk not finished to City standards, with the staff to make a determination on the sidewalk. AMENDMENT TO THE MOTION: Councilmember Harper moved to and Councilmember Perez seconded a motion to allow up to 8 tenants to occupy the Gateway Plaza. The motion carried by voice vote 4 -1, Councilmember Montgomery dissenting. VOTE ON THE MAIN MOTION: The voice vote on the main motion as amended was 4 -1, Councilmember Montgomery dissenting. 11. J. Consider Request from Ventura County Multicultural ArtsCouncil for support for "Dia de Los Muertos" Councilmember Perez said he felt the City should support the multicultural event in the community. 11. City Council Agenda November 1, 1989 Page No. 6 Councilmember Perez reported on the Dia de Los Muertos Celebration. Mr. Kueny was was recognized by Mayor Brown for making the largest individual contribution to the Disaster Relief Fund. DISCUSSION /ACTION ITEMS: A. Consider Temporary Commercial Retail Use in Residential Zones - a report regarding "Boutique" /Craft /Garage /Yard Sales. Staff Recommendation: Direct staff to create an ordinance so as to allow such uses within all residential zones. Mr. Richards indicated that the staff recommended that (1) they be directed to create an ordinance that will amend Ordinance No. 84 to allow for Boutique /Craft Sales with a Temporary Use Permit and provide an exemption for Garage Yard Sales; and (2) direct staff to set this matter for public hearing on December 6, 1989; and (3) the City adopt an interim policy to treat all requests for Boutique /Craft Sales as Temporary Uses, with the Director of Community Development given the authority to approve subject to applicable conditions imposed as deemed appropriate. The Council discussed the need for regulation of these retail sales uses and that home owner associations should be part of the notification process not just the surrounding neighbors. MOTION: Councilmember Harper moved and Councilmember Montgomery seconded a motion to approve the staff recommendation with an amendment to (2) to send the item to the Planning Commission for review prior to return to the City Council by the first meeting in February rather than on December 6th. The motion carried by unanimous voice vote. B. Consider waiving of Sidewalk Standard for PD -1064 (TOPA) Staff Recommendation: Approve waiver and agreement for installation of additional sidewalk. Mr. Kueny indicated that he recommended that the City accept the currently installed sidewalks and allow the balance of the public sidewalk at the corner of Spring Road and Los Angeles Avenue to be completed with the same light rocksalt finish; that TOPA deposit $15,000 in cash with the City by November 9, 1989; and that TOPA install sidewalks on the east side of Spring Road to the satisfaction of the City Manager from the corner of Spring Road and New Los Angeles Avenue north to the current terminus of the existing sidewalk. The sidewalk to be asphaltic concrete or concrete or some combination. TOPA to make the installation City Council Agenda November 1, 1989 Page No. 7 regardless of cost with the actual construction costs to be verified by the City Engineer. If construction costs are less than $15,000, the City shall refund the construction amount to TOPA and retain the balance for the purpose of installing a sidewalk on the east side of Spring Road north of Los Angeles Avenue. If construction costs are $15,000 or greater, the City shall refund the total $15,000 deposit to TOPA. The refund shall be provided to TOPA within 15 days after their written request of refund is received and the City Engineer's verification of construction costs. Paul Geinger stated that TOPA was in agreement with the staff's proposal as outlined by the City Manager. MOTION: Councilmember Perez moved and Councilmember Montgomery seconded a motion to approve the deviation from the standard sidewalk finish for PD -1064 and accept the proposal as outlined by the City Manager. The motion carried by unanimous voice vote. C. Consider Proposed rate increase for Charles Abbott and Associate for Building and Safety Services Agreement Staff Recommendation: Approve rate increase and modify agreement to include professional liability insurance coverage. Mr. Richards reported that staff had met with Charles Abbott regarding his intended rate increase. He indicated that Mr. Abbott noted a decrease in his estimated increase predicated upon a reduction in the actual cost of professional liability insurance. Mr. Richards said that at the conclusion of the meeting agreement was reached on an average 7.8% increase for professional services rates, the actual rates are to be as identified in the staff report, and that the agreement to provide Building and Safety Services would be amended to include professional liability insurance with the City named as additional insured. MOTION: Councilmember Harper moved and Councilmember Lawrason seconded a motion to approve the staff recommendation. The voice vote was unanimous. D. Consider temporary moratorium for certain R -1 and R -E zoned areas in the city. Staff Recommendation: Approve ordinance enacting moratorium. Mr. Richards reported that staff has been concerned with the possibility of residential land divisions occurring without the ability to condition and control the development process as outlined in the RPD process. He said the current R -1 and R -E zones only regulate such matters as lot size, setbacks and height restriction, no architectural elevation review would be done. He said the recommendation was that the Council enact alimited moratorium which would allow the City the ability to consider the benefits of modifying the zoning on certain properties to an RPD