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HomeMy WebLinkAboutMINUTES - 02231993 - 2.9 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: February 2, 1993 SUBJECT: Letter From Oak Builders, Incorporated Requesting The County To Assign Interest In Bond To Them SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION I. Recommended Action: ACCEPT recommendation of Public Works Director to remain neutral in negotiations between Hal Porter Homes and Oak Builders, Incorporated and ACCEPT the improvements for Subdivision 5946 as complete. II. Financial Impact: There will be no financial impact to the County. III. Reasons for Recommendations and Background: Subdivisions 6922 (Oak Builders, Incorporated) and Subdivision 5946 (Hal Porter Homes) were both conditioned to improve the intersection of Highway 4 and Laurel Road to provide a separated left-turn pocket for southbound traffic on Highway 4 and westbound traffic on Laurel Road. The Conditions of Approval for either subdivision did not provide for reimbursement to the other subdivision. Subdivision 6922 constructed the improvements to Highway 4 and would like to be reimbursed by Subdivision 5946. Public Works has maintained that this is a private matter between the two developers. Continued on Attachment: X SIGNATURE:���-� _ RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON February 23, 1993 APPROVED AS RECOMMENDED OTHER Y The Board considered the above matter and CONTINUED it to; April 6, 1993. ;ewy certify that this is a true and correct copY ut an action taken and entered on the minutes of the ho Board of Supervis r n the date sw�n. 3 ATTESTED: _r VOTE OF SUPERVISORS PHIL BATCHELOR,Cler of the Board �_ UNANIMOUS (ABSENT T 1 of Supervisors and County Administrator AYES: NOES: ABSENT: ABSTAIN: �.___ ,Deputy MM:fp c:60\bo2.t2 Orig. Div: Public Works (E/S) Contact: Melissa Morton, 313-2347 cc: CAO CDD Hal Porter Homes (via PWD/ES) Oak Builders, Inc. (via PWD/ES) SUBJECT: Letter From Oak Builders, Incorporated Requesting The County To Assign Interest In Bond To The February 2, 1993 Page -2- The offsite improvements for Subdivision 5946 were constructed in 1989 and consisted of widening and extending Laurel Road from Highway 4 to their project. The improvements included a bridge over Marsh Creek. At the time Subdivision 5946 was designing the improvements for Highway 4, Subdivision 6922 was approved with the requirement for the same improvements plus additional improvements to Highway 4. It was agreed that Subdivision 5946 could delay improving Highway 4 until Subdivision 6922 was ready to construct their improvements for the following reasons: 1. Obtaining as encroachment permit from Caltrans takes in excess of a year. By the time Caltrans would be ready to issue a permit for Subdivision 5946, Subdivision 6922 would be submitting plans for additional improvements. At that time Caltrans would probably hold up the permit for Subdivision 5946 until they had reviewed work for Subdivision 6922 since the work would overlap. 2. Combining the work for the two subdivisions would result in a superior design with less chance of errors. 3. One construction project would be safer and less disruptive to the motoring public than two separate construction projects. By letter dated June 12, 1989, the Public Works Department informed John Hauck of Hal Porter Homes that although their obligation to improve the intersection of Highway 4 and Laurel Road had been postponed in anticipation of Subdivision 6922, they still had to complete the improvements. Public Works envisioned the work (for Subdivision 5946) being done in conjunction with the new subdivision (Subdivision 6922) which would provide less disruption to the traveling public. It was recommended that the developers meet to discuss a cost sharing of the improvements, but emphasized that an agreement between the two developers was the best way to work it out. By letter dated August 1, 1991 Robert Lewis of Oak Builders, Incorporated requested that the Public Works Department intervene in what he characterized as an impasse. He enclosed a letter to Hal Porter Homes dated January 15, 1991 which included an estimate for the cost of improvements and a designation of proportional share based on the number of lots benefitting from the improvements. Under Mr. Lewis' calculations, Hal porter Homes was to pay $121,032.79. The enclosed reply from Mr. Hauck of Hal Porter Homes dated January 18, 1991 stated that they considered the limit of their obligation to be $49,000. Mr. Hauck went on to say that the fact that they were willing to pay $49,000 was in excess of what they were led to believe by the County to be their responsibility for those improvements. By letter dated August 13, 1991,the Public Works Department clarified some of the issues presented in Mr. Lewis' letter of August 1, 1991. It was stated that the obligations to the bridge over Marsh Creek as well as the widening of Laurel Road were completed and the remaining obligation on the part of Hal Porter Homes was to the intersection in question, therefore the original bond of $320,000 was reduced to only include the intersection improvements. This amount was estimated to be $52,000. In addition, it appeared that the figure of$179,715.20 ($121,032.79 of this was Hal Porter Homes' share) included far more improvements than required by their conditions. The Public Works Department maintained that all agreements involving the cost sharing of the improvements should be worked out between the developers. By letter dated December 16, 1991 from the Public Works Department to John Hauck of Hal Porter Homes, it was pointed out that the original bond estimate did not include changes requested by Caltrans and the addition of other items to complete the work. The letter stated that although unverified, the $179,715.20 figure submitted by Oak Builders was not out of line. The letter also stated that we wish to remain neutral, but available to provide any information that may be helpful to the two developers in reaching a compromise agreement. If the Board of Supervisors concurs, the improvements at the intersection of Highway 4 and Laurel Road for Subdivision 5946 would be accepted as complete by separate resolution. IV. Consequences of Negative Action: The bond for the intersection improvements associated with Subdivision 5946 would not be released.