HomeMy WebLinkAbout1997-01-28 - AGENDA REPORTS - PLACERITA CYN CORP (2)AGENDA REPORT
CitManager Approval
Item to be presented by:
T. Brad Therrien
CONSENT CALENDAR
DATE: January 28, 1997
SUBJECT: AGREEMENTS WITH THE PLACERITA CANYON CORPORATION FOR
IMPROVEMENTS TO PLACERITA CANYON ROAD AND COWBOY
POETRY AND MUSIC FESTIVAL ACCESS
DEPARTMENT: Building & Engineering Services
To assist in Northridge earthquake recovery efforts, the City worked on behalf of residents of
Placerita Canyon with the Federal Emergency Management Administration (FEMA) to seek
funding for roadway repair work. Through these efforts, FEMA approved funding for minor
roadway repair only.
Based upon the guidelines of FEMA's approval, the work which was performed could not have
resulted in a significantly improved roadway. If this had been a public roadway, staff would
have recommended a more permanent approach to repairs. However, repeated attempts by the
City to have FEMA fund additional repairs were not approved. Therefore, the City proceeded
with the work as a temporary step to help the residents and did not intend it to be an ultimate
repair. This is exhibited by the resurfacing work the City has subsequently done on the public
portions of Placerita Canyon Road.
The roadway repair work took place from November 1994 through January 1995. However, as
a result of the poor roadway condition and cold weather, the work did not perform to either
staffs or residents' expectations. Upon review, staff determined that the contractor executed
the work in accordance with the specifications and that the problems experienced were a result
of the condition of the roadway and cold temperatures. Therefore, the City. accepted the work
for a total cost of $65,872.84, which included the work on the public portion of roadway.
Because the project failed to perform to their satisfaction, the residents have requested that the
City contribute toward more substantial repairs which would be performed by the Placerita
Canyon Corporation. This issue was discussed at the February 1996 and May 1996 City Council
meetings. At Council direction staff has met with residents of the area on several occasions to
reach an agreement.
PRO ElaAenda Item:
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PLACERITA CANYON ROAD AGREEMENT
January 28, 1997 - Page 2
Based upon these meetings and a review by staff, a one-time payment to the Association of
$20,000.00 for additional road repairs and $2,000.00 for raised pavement markers is
recommended. The attached Agreement Regarding Placerita Canyon Road Improvements has
been approved by the City Attorney.
Staff has estimated that a complete resurfacing of the private portion of Placerita Canyon Road
will cost between $60,000.00 and $90,000.00. This cost estimate has been confirmed by the area
residents. As a cooperative effort between the City and the Placerita Canyon Corporation, the
Corporation is willing to grant the City a license agreement to use Placerita Canyon Road for
access to the annual Cowboy Poetry and Music Festival. The City Attorney has approved the
attached License Agreement Regarding the Cowboy Poetry and Music Festival.
RECOMMENDATION
1. City Council review the history and accept staffs recommended contribution toward the
repair of Placerita Canyon Road,
2. Authorize the City Manager to enter into the following agreements:
a. Agreement Regarding Placenta Canyon Road Improvements
b. License Agreement Regarding Cowboy Poetry and Music Festival
3. Appropriate $22,000.00 from City Council contingency Account No. 1240-7401 to
Account No. 4320-8028, and direct staff to pay the Placenta Canyon Corporation the agreed
upon amount for road repairs and raised pavement marker installation to be performed by
the Association.
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Exhibit "A" - Chronology of Events
Agreement Regarding Placerita Canyon Road Improvements
License Agreement Regarding Cowboy Poetry and Music Festival
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Exhibit "A"
CHRONOLOGY OF EVENTS FOR PLACERITA CANYON ROAD
January 17, 1994. Following the January 17, 1994 Northridge earthquake, Caltrans
detoured southbound traffic off of the SR -14 onto Sierra Highway at
Placerita Canyon Road to bypass the damaged freeway structures on
SR -14 and I-5. Portions of the traffic chose to take Placerita Canyon
Road to their destination. Part of the City's claim to FEMA was that
Placerita Canyon Road became an "Unofficial Detour Route."
Because Placerita Canyon Road was not only used by passenger vehicles
but by larger 10- to 18 -wheel dump trucks, the road suffered extensive
pothole damage. The homeowners on Placerita Canyon Road were
concerned and approached the City in an effort to close Placerita
Canyon Road to through traffic.
Since "safety" is .the primary issue, FEMA will reimburse under
emergency measures. The DSR was prepared and subsequently
approved to repair damages only on the "private" portion of Placerita
Canyon Road.
March 21, 1994 City Attorney received a FAX copy of the signed waiver allowing work
to be performed on Placerita Canyon Road.
March 23, 1994 County was given a service request to perform "pothole" repairs and to
complete this work prior to the "Cowboy Poetry Festival" on the
weekend of March 25, 1994.
March 24, 1994 City project advertised and specifications FAXed to prospective
bidders.
March 28, 1994 Bid opening.
March 30, 1994 Letter to State OES for supplemental to DSR to include striping,
markings, and to reflect the low bid amount.
September 15, 1994 City's EOC received approval of DSR for work on "private" portion of
Placerita Canyon Road. Adele Macpherson received instructions from
Ken Pulskamp to proceed with project subject to approval of the City
Attorney. The City Attorney subsequently approved.
October 11, 1994 Project awarded to Asphalt Maintenance Co. in the amount of
$55,850.00.
October 26, 1994 Letters sent to Mr. Ben Curtis (President, Placerita Homeowners
Association) and to Mr. Robert Hotton (The Master's College) providing
information on the proposed schedule of work on Placerita Canyon
Road.
Exhibit "A"
Chronology of Events for Placerita Canyon Road
Page 2
November 7, 1994 Contractor given a Notice to Proceed on project.
November 30, 1994 The first phase of the work to repair potholes and level the roadway
completed.
December 1, 1994 The second phase (chip seal) undertaken. Due to the poor condition of
the roadway, heavy traffic, and cold weather the work did not perform
as expected.
December 1994 Staff completed their review of the work performed and determined
there was no apparent problem with the workmanship.
January, 1995 Placerita Canyon Road restriped.
February, 1995 City Council considered additional work to repair Placerita Canyon
Road and directed City staff to evaluate options.
May 9, 1995 City Council adopted staffs recommendation to accept work by
contractor. City Council directed City staff to evaluate options to aid
Placerita Canyon Homeowners in repairing the roadway.
May -June 1996 City staff met several times with the representatives of the area
homeowners to discuss options and come to the best course of action.
June 1996 City staff and representatives from the association reached agreement
on recommended resolution for consideration of Council approval.
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AGREEMENT REGARDING PLACERITA CANYON ROAD IMPROVEMENTS
This Agreement is made and entered into as of 19between the City of
Santa Clarita ("City"), a municipal corporation, and the Placerita Canyon Corporation
("Corporation"), a mutual benefit corporation. In consideration of the mutual promises and
covenants contained herein, the parties hereto mutually agree as follows:
SECTION 1. RECITALS. This agreement is made and entered into with respect to
the following. facts:
a. The City and the Corporation entered into that certain stipulation agreement,
in settlement of the case entitled HALT v. City of Santa Clarita, which contained a stipulation
that the City has no property interest in Placerita Canyon Road.
b. Following the Northridge earthquake, Caltrans, out of necessity, detoured
southbound Antelope Freeway traffic off at Placerita Canyon Road to route traffic southerly onto
Sierra Highway to bypass the damaged freeway structures on State Highway 14 and
Interstate 5. There were some drivers who chose to use Placerita Canyon Road to continue
toward their destination, including drivers of heavy trucks. As a result, Placerita Canyon Road
experienced undue wear on the roadway due in part to a temporary public use.
C. The Federal Emergency Management Agency funded some minor roadway
repairs of Placerita Canyon Road. The work did not sufficiently repair the roadway and, in
January 1995, extreme weather conditions caused further deterioration to Placerita Canyon
Road.
d. As a result of the above, several residents who are part owners of the roadway
have requested that the City perform additional repairs to Placerita Canyon Road.
SECTION 2. CITY S RESPONSIBILITIES. The City shall provide twenty-two
thousand dollars ($22,000) to Corporation, which shall be used by Corporation for repairing
Placerita Canyon Road and purchasing and installing raised pavement markers for the roadway.
Neither the City nor any of its officers, employees, or agents shall have control over the specific
use of these funds, provided that the purposes noted in this paragraph are observed.
SECTION 3. CORPORATION'S RESPONSIBILITIES. As noted above, Corporation
shall use the funds provided by the City under this agreement in a manner consistent with the
purposes of this agreement.
SECTION 4. INDEMNITY. Corporation agrees to, and shall defend, indemnify,
protect, and hold harmless the City, its elective and appointive boards, officers, officials,
employees, agents, and volunteers from and against any and all claims, demands, losses,
defense costs, fines, penalties, expenses, causes of action, and judgments at law or in equity, or
liability of any kind or nature which the City, its elective and appointive boards, officers,
PLACERITA CANYON ROAD AGREEMENT
Page 2
officials, employees, agents, and volunteers may sustain or incur or which may be imposed upon
them for injury to or death of persons, or damage to property or claims of any kind or nature
arising out of Corporation's use of the funds provided to it under this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this
_ day of 19.
CORPORATION:
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CITY:
By:
City Manager
Attest:
City Clerk
Approved as to Form:
City Attorney
LICENSE AGREEMENT REGARDING COWBOY POETRY AND MUSIC FESTIVAL
This Agreement is made and entered into as of 19_, between the City
of Santa Clarita, a municipal corporation ("City"), and the Placerita Canyon Corporation
("Corporation"), a mutual benefit corporation.
SECTION 1. RECITALS. This Agreement is made and entered into with respect to the
following facts:
a. The City and the Corporation entered into that certain stipulation agreement,
in settlement of the case entitled HALT v. City of Santa Clarita, which contained a stipulation
that the City has no property interest in Placerita Canyon Road.
b. Corporation's resident members own Placerita Canyon Road situated in the City
of Santa Clarita, and Corporation is responsible for Placerita Canyon Road and has the power
to grant this license to the City.
C. The annual Cowboy Poetry and Music Festival is a well -attended event, and the
use of Placerita Canyon Road by the City, including its use by City vehicles, is necessary in
connection with that event.
SECTION 2. GRANT OF LICENSE. The Corporation hereby grants the City, its
officers,.officials, employees, agents, invitees and Festival performers and vendors the right of
ingress and egress over Placerita Canyon Road from the west for City purposes and business
relating to the City's annual Cowboy Poetry and Music Festival ("Festival"). The City agrees
to continue the previously agreed policy of advertising no on-site festival -goer parking and to
continue "Shuttle Bus" service from off-site parking areas as the only permitted access to and
from the Festival using Placerita Canyon Road from the west.
SECTION 3. INDEMNITY. City agrees to, and shall defend, indemnify, protect, and
hold harmless Corporation, its officers, officials, employees, agents, and volunteers from and
against any and all claims, demands, losses, defense costs, fines, penalties, expenses, causes of
action, and judgments at law or in equity, or liability of any kind or nature which the
Corporation, its officers, officials, employees, agents, and volunteers may sustain or incur or
which may be imposed upon them for injury to or death of persons, or damage to property
arising out of City's use of Placerita Canyon Road relating to the annual Cowboy Poetry and
Music Festival.
LICENSE AGREEMENT REGARDING COWBOY POETRY AND MUSIC FESTIVAL
Page 2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this
_ day of 19
CORPORATION: CITY:
By: By:
Attest:
City Manager
City Clerk
Approved as to Form:
City Attorney
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