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Home My WebLink About14 - Order of Construction of Public ImprovementsCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 14 October 12, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Fong Tse, P.E. 949 - 644 -3324 ftse@city.newport-beach.ca.us SUBJECT: ORDER OF CONSTRUCTION OF PUBLIC IMPROVEMENTS ALONG GRANT STREET AND HIGHLAND STREET FRONTAGES - 7000 AND 7012 WEST COAST HIGHWAY RECOMMENDATIONS: 1. Hold public hearing, close public hearing. 2. If desired, Order the construction of public improvements on Grant and Highland Streets, adjacent to 7000 and 7012 West Coast Highway, to be paid for by the property owner. 3. If desired, direct the Superintendent of Streets to cause the construction of the public improvements if the owner has not begun construction work by December 13, 2004. In case of nonpayment by owner for the work, authorize staff to place a lien on the Properties to recover the administrative, engineering, and construction costs. BACKGROUND: The owner of Newport Sands Mobile Home Park, Sherwyn Turbow J Trust, has replaced some of the units with new manufactured homes within the northwesterly half of the parcels. The remaining units are planned to be replaced in the near future. Since February 2004, the Public Works Department has been in communications with the owner's property manager, James Joffe of J &H Asset Property Management, Inc. on his obligation to improve the existing adjacent street frontages on Grant and Highland Streets with concrete curbs, gutters, and walks. At the beginning of the discussions, the owner appeared cooperative and willing to construct the public improvements. The owner requested, and staff provided, assistance in defining the required scope of work, the engineering design parameters, and other pertinent Subject: Order of Construction of Public Improvements Along Grant Street and Highland Street Frontages to 7000 and 7012 West Coast Highway October 12, 2004 Page: 2 information in hopes that the work will proceed and be completed expeditiously. Since then, there has not been any measurable progress. DISCUSSION: Under The Improvement Act of 1911, Chapter 27 of the California Streets and Highways Code, the City Council, at its discretion, may direct the property owner to commence construction of frontage improvements within sixty (60) days of the close of Public Hearing. If no construction has begun at the conclusion of the sixty day time frame, City Council may authorize its Superintendent of Streets (Public Works Director) to complete the improvements. Staff has estimated the project, under public contract, to cost $3,000.00 for engineering design and $17,000.00 for construction work with prevailing wage rates, for a total of $20,000.00. In case of nonpayment by owner, the City could place a lien on the Properties. On September 14, 2004, the City Council set October 12, 2004 as the date to hold a Public Hearing on this matter. The owner was Noticed on September 16, 2004. Public Hearing Notices were posted around the site on Grant Street, Highland Street, and West Coast Highway on September 29, 2004 and were published on the Daily Pilot newspaper on October 1, 2004 and October , 2004. by: // Submitted by: (iTse, P.E. '1"'Ste . Badum Engineer S ntendent of Streets/ lic Works Director Attachment: Newport Sands Mobile Home Park Location Map Photos of Existing Unimproved Parkway Frontages b t / O. ` 404 / s � 4�. Lu W F w i'- 17, -,1 r ai r. i 6 t it + j J G t! u U u .- ..raw'.. :. � •l• S IJ F i}.• ` r.. Tl e.•. �t,.� nF• *j .r , � I.R 1 n_ 5; �• r COUNCIL AGENDA CITY OF NEWPORT BEACH NO. ! - - - - -- CITY COUNCIL STAFF REPORT 10 l a -O 9 Agenda Item No. 17 September 14, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Fong Tse, P.E. 949 - 644 -3324 ftse@city.newport-beach.Ga.us SUBJECT: ORDER OF CONSTRUCTION OF PUBLIC IMPROVEMENTS ALONG GRANT STREET AND HIGHLAND STREET FRONTAGES - 7000 AND 7012 WEST COAST HIGHWAY RECOMMENDATIONS: 1. Direct staff to utilize the procedures set forth in The Improvement Act of 1911, Chapter 27, Construction of Sidewalks and Curbs, of the California Streets and Highways Code, Construction of Sidewalks and Curbs, to cause the construction of public frontage improvements to be made by Owners. 2. Order the installation of frontage improvements on Grant and Highland Streets, adjacent to 7000 and 7012 West Coast Highway, 3. Set October 12, 2004 as the date of the Public Hearing. 4. Direct the Superintendent of Streets to Notice the Owners of the Public Hearing and the order of construction. BACKGROUND: The Owners of Newport Sands Mobile Home Park have replaced some of the units with new manufactured homes within the northwesterly half of the parcels. The Owners are currently finalizing plans to replace the remaining units within the rest of the parcels in the near future. Since February of 2004, the Public Works Department has been in communications with the Owners through their property management company, on their obligation to improve the existing adjacent street frontages on Grant and Highland Streets with concrete curbs, gutters, and walks. At the beginning of the discussions, the Owners appeared cooperative and willing to construct the public improvements. The Owners requested, Subject: Order of Construction of Public Improvements Along Grant Street and Highland Street Frontages to 7000 and 7012 West Coast Highway September 14, 2004 Page: 2 and staff provided, assistance in defining the required scope of work, the engineering design parameters, and other pertinent information in hopes that the work will proceed and be completed expeditiously. Since then, the Owners have responded to staff with various reasons such as costs, uncertainties with Underground Assessment District No. 68, lack of approved construction plans for contractors to place bids, the need to hire professional engineers to prepare the construction plans, and the unfinished final site layout as justifications for their non - responsiveness and stalled progress. It appears to staff the Owners have little or no intention to make the required public improvements. DISCUSSION: The City Council of the City of Newport Beach is empowered by The Improvement Act of 1911 to hold a public hearing and to order the Owners to construct the required public improvements under Chapter 27 of the California Streets and Highways Code. At the close of the public hearing, the City Council, at its discretion, may direct the property owners to commence construction of frontage improvements within sixty (60) days. If no construction has begun at the conclusion of the sixty day time frame, City Council may authorize its Superintendent of Streets (Public Works Director) to complete the improvements under public contract. Upon completion, a Final Report will be filed by the Public Works Department and the Owners will have five (5) days to make full payment to the City. Staff has estimated the project to cost $3,000.00 for engineering design and $17,000.00 for construction work with prevailing wage rates, for a total of $20,000.00. In case of nonpayment by Owners, the City could place a lien on the Property. Prepared by: Fo Wse, P.E. Ci\tff Engineer Attachment: Submitted by: _. 6tendent of Streets/ Works Director Newport Sands Mobile Home Park Location Map Photos of Existing Unimproved Parkway Frontages u 0 W. y�+ 20 t _ is . r 4` r a s 20'/5: 15\ 30 . F. WE, AST '~ IFS HIGHWAY 1 4 LEGEND EXISTING CONCRETE CURB, GUTTER, WALK, TURNOUT AND CURB RAMPS REQUIRED CONCRETE CURB, GUTTER AND WALK ALONG 150' FRONTAGES (SEE ATTACHED PHOTOGRAPHS) NEWPORT SANDS MOBILE HOME PARK LOCATION MAP Alm i L r FIT w.�!• tidy .: �.'h.,� U �. t�� , i r r. • • • rN• %:'. Vii: _ 7000 WEST COAST HWY. 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