HomeMy WebLinkAbout1983-05-17; City Council; 7387; Appeal - Reimbursement - Alga Rd - MolaCIY~F CARLSBAD - AGEND-BILL
1BW '73r 7 =APPEAL OF CITY ENGINEER'S DECISION HTQ. 5/17/83 REGARDING REQUEST FOR REIMBURSEMENT
DEPT. ENG MOLA DEVELOPMENT CORPORATION FOR REPAIRS TO ALGA ROAD BY ClTY AllYga
ClTY MO
v\ RECOMMENDED ACTION:
1. Uphold the City Engineer's decision and deny the request by
Mola Development for a 50% reimbursement of Alga Road repair
costs.
2. If Council finds it appropriate, direct staff to pay $955 for
soils engineering and test to Mola Development.
ITEM EXPLAN.ATION:
Mola Development is requesting a reimbursement of 50%--amounting
to $8422--for the repair of Alga Road east of El Camino Real. This was denied by the City Engineer on January 24,1983.
On April 12, 1983, the Planning Commission approved a Site Development Plan (SDP 77-1) for Mola's West Bluff Plaza. Included among the conditions was one to construct street improvements on Alga Road. Mola performed this work and a short time later a large hole developed in a portion of the pavement. Repeated patches failed. On December 8, 1981, after a discussion with the
City Engineer, Ed Wale of Mola believed the City had offered to ' pay 50% of the cost. The City Engineer sent him a letter stating this was not the case. He offered to pay for soils testing up to $1,000, "if I have good justification" and suggested a step-by-
step plan.
Subsequent to this, Mola Development requested a release of their
bonds three times and was denied each time because Alga Road was
not repaired. On March 16, 1982, the City received a letter stating that repair work would begin. Mola did not follow the
step-by-step plan set out by the City Engineer, did not again
discuss any cost sharing and completed the repair work. On May 4,
1982, after completion of the work, the City Council accepted the
improvement and bonds were released.
On July 12, 1982, Mola submitted a request for 50% reimbursement with a large number of work reports attached, but no total amount
or itemized list of work was presented. The claim was denied.
Further details are contained in a memo from the City Engineer
dated April 26,1983 containing attachments.
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Page 2
APPEAL OF CITY ENGINEER'S DECISION
MOLA DEVELOPMENT
FISCAL IMPACT:
Mola Development has submitted invoices totaling $16,843.14. A 50% reimbursement would cost the City $8,421.57. Payment of this amount would have to come from the contingency reserve account since it is an unbudgeted expense. If $955 for soils engineering
and testing is authorized, funds could come from account no. 01-31- 10-2470, Engineering Professional Services.
EXHI BITS:
1. Location Map
2. Letter from Mola Development dated March 24, 1983.
3. City Engineer's memo dated April 26, 1983 with attachments.
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Mola Development CorDoration
808 Adams Ave., Huntington Beach, CA 92648 (714) 536-2547
March 24, 1983
Ms. Aletha Rautenkranz
City Clerk
CITY OF CARLSBAD
1200 Elm Street
Carlsbad, CA 92008
Re: Reimbursement request for Alga Road and El Camino Real Road
Dear Ms. Rautenkranz:
Mola Development Corporation has had a request for reimbursement
pending with the Carlsbad Engineering Department for the last eight
(8) months. The request has recently been denied by the City
Engineer as per attached correspondence of January 24, 1983.
This request for reimbursement was based upon the partial written and
verbal agreements between Mola Development and the City of Carlsbad
Engineering staff as described on the attached correspondence.
The reimbursement request was initiated by Mola Development when the
City of Carlsbad required the repair of Alga Road, east of El Camino
Real, as part of Mola's West Bluff Plaza bond release inspection.
Mola Development objected to the repair, contending that Mola had repaired the road three (3) times in the previous two and half years
and felt no further obligation to repair it. The previous repairs
had been done in accordance with City requirements as well as being
inspected by City staff. It was the contention of Mola Development
that the failure of the road was due not to the initial installation
and subsequent repairs by Mola, but some unknown subsurface conditions in the area.
EX"1"B'IT 2
4
Ms. Aletha Rautenkranz
CITY OF CARLSBAD
March 24, 1983
Page two
Further investigation by Mola personnel with local contractors, and the Water and Sewer Districts revealed a history of underground water
problems on Alga Road. This information is evidenced by the existing checking and cracking of Alga Road east of El Camino Real.
At this point, Mola Development objected to the repair and offered to
bond the repair in order to immediately secure the bond releases for
West Bluff Plaza which were due for renewal.
The next step was to initiate a soils investigation to determine the
reason for the road failure and what was necessary to correct the
damage. From this time on it was the understanding that the City of
Carlsbad would participate in the costs of the repair. Mola
proceeded as directed by the City of Carlsbad in good faith. A
traffic detour network was designed by the City staff to accomodate
the soils investigation process and eventual repair.
The soils investigation was done and methods of repair recommended.
This information was given to the City staff for review. Slight
revisions were made and a method of repair agreed upon. It was
suggested by Mola Development that the subcontractor used in the
previous three repairs be used again because of familarity with the
problem. This was agreeable to the City. The work was to be done on
a time and material basis because of the difficulty of trying to
solicit bids to repair an unknown condition.
Mola Development remained in contact with the City Engineering Staff
to schedule a suitable block of time to begin repair. The schedule
was based upon a five day weather forecast. In the meantime the City
staff informed Mola that a bond for the repair would not be necessary
because it was evident the corrections were underway.
The repair was started and inspected daily by several members of the
City staff. As reflected on the daily tickets, there was a sizable
crew operating every day. Mola would have to assume that the City
Staff would be more than knowledgeable on the daily expenses incurred
and in no way should be surprised at the amount requested for in the
reimbursement. Mola Development is also disturbed by the insinuation
by the City Engineer that Mola would submit invoices for labor and
material other than those for the work described in the body of this
letter, particularly when daily inspections were made by the City.
The basis for Mola's request is the initial objection to the repair
and the subsequent offer to bond the repair until a fair arrangement
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Ms. Aletha Rautenkranz
CITY OF CARLSBAD
March 24, 1983
Paae three
could be negotiated. There is no reason that Mola would have started the repair unless there was an understanding of good faith that the
City would participate to the settlement of one-half of the expenses. As to the mechanics of the reimbursement, Mola assumed
this would be taken care of by the City Engineer.
Mola Development would be more than happy to meet with you to discuss this matter. If you have any questions please contact me at area
code 714-536-2547. Mola would like to request that this matter be
scheduled for Council action if the matter cannot be resolved at
department levels. It is our feeling that the City has been unjustly
enriched at Mola Development's expense and that equity and good
conscience should dictate an amicable resolution to this problem. We
are enclosing our $50.00 check for the Council appellate fee. Please
advise me as to when this matter will be scheduled before the
Council.
Very truly yours,
MOLA DWLOPMENT CORPORATION
Peter E. von Elten,
General Counsel
PEVE/cd
cc: Chris Christie/Mola Development Corporation
Carlsbad City Engineer
Carlsbad City Manager
April 26, 1983
TO: City Manager
FROM: City Engineer
SUBJECT: MOLA DEVELOPMENT - REQUEST FOR REIMBURSEMENT FOR REPAIR OF ALGA ROAD
INTRODUCTION: Mol a development has requested a 50% reimbursement amounting to $8,422 for the repair of a hole in Alga Road east of El Camino Real (Exhibit
B, #17). This request was denied by the City Engineer on January 24, 1983 (Exhibit B, #16) and Mola is asking for reconsideration or appeal to the City
Counci 1.
BACKGROUND:
theng Commission on April 12, 1978.
construct half street improvements on Alga Road. The earliest record
indicating the work was completed is a punch list dated 10-29-81 containing 14 items needing correction (including fixing the hole in Alga Road). was the subject of numerous complaints to the City due to repeated failures of
the repair. On one or two occasions City crews patched the hole to prevent
the street from becoming impassable.
Mola's West Bluff Plaza Development (SDP 77-1) was approved by
Included was a condition to
This hole
City staff advised Mola that since the repair work obviously was not successful, it was wasted effort to continue to patch in the same manner, and
a soils engineer should be consulted and perhaps an underdrain installed.
On December 8, 1981, Ed Wale of Mola Development had a conversation with Les Evans, City Engineer. Mr. Wale said they would proceed with an investigation
of the courses of failure. He sent a letter to the City Engineer saying Mola appreciated the offer of 50% participation in all expenses of requesting
written confirmation (Exhibit B, #2).
The City Engineer sent back a letter on December 9, 1981 (Exhibit B, #3) stating he had no authority to commit the City to such an expenditure; with
good justification he could consider up to $1,000 for soils investigation. suggested they proceed in stages with the City being kept informed of each
step and any subsequent decision on the City's participation to be based on
Clyde Wickham's recommendation.
He
Nevertheless, Mola Development requested the release of their bonds in January 1982 and again on February 3, 1982 despite the lack of a satisfactory repair (Exhibit B, #4, 5 & 6).
On March 16, 1982, the City received a letter from Mola stating that a soils investigation had been made and 'Ithe installation of the water trap and new structural section will begin as soon as the ... test results have been
evaluated.'' (Exhibit B, #7). in the costs. No mention was made of the City's participation
EXHIBIT 3
7
On April 22, 1982, Mola requested the public improvements be accepted by the City and the bonds released. (Exhibit B, #9 81 10). This was done by the City Council on May 4, 1982
THE REIMBURSEMENT REQUEST: project, however, on July 12, 1982 - three months after the work was completed - Mola sent a letter to the City Engineer with invoices and extra work slips and requested a 50% reinbursement. they indicate what work was done on each invoice.
The above action should have closed out the
The invoices were not totalled nor did
The City had a lot of questions and requested clarification. Mola sent an activity breakdown but City staff still had to goFthru the invoices to add up the amounts claimed. A meeting was held on October 18, 1982 and the repair and responsibility for it were discussed. Clyde Wickham stated that he was the City representative on the project and never received any pay slips or work tickets during the job. It was the City Engineer's intent the Clyde be notified of estimated costs in advance of any decision by the City to commit funds (Exhibit B, #15).
On January 24, 1983, the City sent a letter to Mola denying their claim for reimbursement. On March 24, 1983, Mola sent a letter to the City requesting the claim be reconsidered or appeal led to the City Council.
CONCLUSIONS:
1. Mola is claiming "one-half of the expenses" in repairing Alga Road. They have never claimed a total dollar amount. The City added up the invoices and arrived at a total of $16,843.14 for the repair.
2. There were no "partial written and verbal agreements" for reimbursement. Ed Wale of Mola requested written confirmation that the City would pay 50% and one day later the City Engineer wrote a letter stating he could not do that and suggest proceeding in stages.
3. While it is true that Mola Development kept the City informed of the steps
it was taking, they never submitted bids to the City or requested a recommendation from Clyde Wickham in accordance with the procedures set out in the City Engineer's letter of December 9, 1981.
4. The City - did participate and cooperate with the developer:
a. City staff gave professional advice that an underdrain was needed and recommended the developer get a soils engineer.
b. City staff prepared the traffic detour plan for the developer.
c. City staff inspected the work.
d. Upon completion of the work, City staff immediately went to Council
with an agenda bill to accept the street and release the developer's
bond s .
The developer now appears to be using the fact of the City's efforts and
cooperation against the City in claiming reimbursement.
fair.
This hardly seems
5. Clearly, the developer was responsible for turning over the street work to the City in good repair and the City is under no obligation to offer any reimbursement. However, since the previous City Engineer (Les Evans) implied that some financial assistance - such as paying for the soils investigation - might be considered, it is recommended that a payment to the developer of $955 ( the cost of soils investigation and testing) be cons i de red .
ROY L. KACKLEY, Jr. City Engineer
RHA:ds
Attachments: Exhibit A - Positions of Mola Development and the City Engineer Exhibit B - List of supporting documents (copies of documents are on file in the Library and City Clerk's Office).
cc: City Attorney with attachments
ACM/DS with attachments
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EXHIBIT A
ALGA ROAD REPAIR
POSITION OF MOLA DEVELOPMENT POSITION OF THE CITY ENGINEER
1. Objects to doing repair because had 1. The City repeatedly told Mola that they
were wasting money repatching the "Alga done repairs 3 times and felt no fur- ther obligation. Failure of road not hole" without more investigation. An due to initial installation but to underdrain was suggested.
some unknown subsurface conditions.
2. It was the understanding that City 2. The letter of 12/9/81 from the City
of Carlsbad would participate in the costs of the repair.
Engineer clearly stated that he was not
authorized to commit any money but
suggested that the City might consider paying for soils tests, "if I have good
jus ti f i ca ti on. I'
3. The road repair schedule was appro- 3. The Ci ty normally coordinates schedules ved by the City and repairs were
inspected by the City.
and traffic control with the developer
and always inspects the developer's work. This in no way obligates the
City to pay for the work; in fact, the
developer is usually charged an
inspection fee.
4. There is no reason that Mola would
have started the repairs unless there
was an understanding that the City
would pay one-half the expenses.
4. There was a good reason why Mola would do the road repairs: to get a release
of their bonds and get the road accepted by the City for maintenance. Mola
requested such a release 3 times in 3 months and each request was denied due to the Alga Road problem.
5. The City was unjustly enriched at 5. The City accepted responsibility for Mola's expense by getting the road
repaired.
maintenance on the street and Mola was
released of this and their obligation to pay fumer bond premiums.
c
EXHIBIT B
ALGA ROAD REPAIR CHROROLO6Y
(MOLA DEVELOPMENT)
1. I I I I 2. I I I I I I 3. I I I I 4. i I I I
5. I I I 6. I I I I I I I 7. I I I 8. I I I I 9. I I
4/ 12/78
12/8/81
P.C. Res. No. 1442
Letter from Mola to City (Ed Wale)
Approval of SDP 77-1 containing condition requiring improvement of Alga Road.
Mola will proceed to investigate causes of failure.
Upon written confirmation of 50% participation by City in 1 costs, Mola will start work. I I 12/9/81 I Letter from City to Mola I No authority to commit City to I (City Engineer) I expenditure. Proceed in I
1/25/82 I Letter from City to Mola I Request to fix items on punch I (Clyde Wickham) I list including Alga Road before I I bonds can be released. I I
I (Peter Van Elton) I bonds . I I
I (Clyde Wickham) I fix items on previous punch I I I I I I
I I
I I I
I (Chris Christie) I
I stages; keep City informed. I I
2/3/82 I Letter from Mola to City I Second request to release
2/8/82 I Letter from City to Mola I Reiteration of request to
I list. Note made that numerous I phone calls to Mola to get Alga I Road fixed have not resulted in I any action.
3/16/82 I Letter from Mola to City I States work on Alga Road repair I (Chris Christie) I will begin shortly.
3/17/82 I Letter from City to Mola I Third denial of bond release; I (Clyde Wickham) I revised punch lists attached.
I Fourth request to release 4/22/82 I Letter from Mola to City I bonds.
I'
Timi-
NO.
10.
11.
12.
13.
14.
15.
16.
17.
I 1
I I DATE I ITEM I DESCRIPTION
5/4/82 I Agenda Bill accepting I Public improvements (including I improvements and releasing1 Alga Road) accepted. I bonds . I Completion recorded 6/7/82. Notice of
i I I
I I I I I I 9/10/82 I Letter from City to Mola I (Clyde Wickham) I
7/12/82 I Letter from Mola to City I (Cathy Smith)
I 9/10/82 I Memo from Clyde to City I (Clyde Wickham) I I I I
I (Ed Wale) I I I
I (Clyde Wickham) I I 1/24/83 I Letter from City to Mola I (Richard Allen) I I I I 3/24/83 I Letter from Mola to City I (Peter Von Elten) I I
9/17/82 I Memo from Mola to City
10/18/82 I Conference Notes
I Bond release sent to City I Clerk.
Letter requesting 50% reihursement for Alga Road reoairs : invoices and extra wo'rk slips attached. Clyde wo'rk slips attached. Clyde Wickham can verify steps were followed per C.t. letter of 12/9/81.
Wickham can verify steps were followed per C.t. letter of 12/9/81.
I Clyde does not agree steps were I followed; amount beyond I anything contemplated by City; I requested more explanation of I charges.
I Describes work done and dates. I NO mention of costs by Mola; no I pay slips or weight tickets I submitted to City; No quantity I checks made by City.
I Activity breakdown per invoice I for Alga Road repair. Did NOT I include costs for each invoice I - these put in by City staff.
I Meeting: City Engineer, Clyde I Wickham & Chris Christie of I Mola. I I Quoting City Engineer's letter I of 12/9/81, denys request for I 50% reimbursement. Offers I possiblity of $955 for soils I work. I I Restatescase for 50% I reihursemet and requests I appeal to City Council. $50 I fee included.
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PLANNING COPJ'IISSION RESOLUTION NO. 1442
4 I by
-44 RESOLUTION OF THE PLANNIKG COI4NISSION OF THE
. CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPIJLENT PLAN FOR A COZ*LWRCIAL CENTER
ON PROPERTY GENERALLY LOCATED ON THE NORTH
EAST INTERSECTION OF EL CAMINO REAL AND ALGA
ROAD.
APPLICANT : ROLLY PULASKI .&.. ASSOCIATES
. CASE NO: . SDP 77-1
WHEREAS, a verified application for certain property to -. -
wit;
Situated in the State of California, County of San Diego,
Parcels 1, 2 and 3: All that portion of the west half
of the northeast quarter of Section 26, Township 12 south,
Range 4 west, Ssn Bernardino Eleridian, in the County of San Diego, State of California, according to official plat thereof, and also listed in the County Assessor8s Book No. 215, Page 258 Parcel 49-55-511
has been filed with the City of Carlsbad and referred to the
Planning Conmission; and .- ..I.
WHEREAS 8 said verified application constitutes a request
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 12th day of
April, 1978, hold a duly noticed public hearing as prescribed by
law to consider said request; and ..
WHEREAS, at said public hearing, upon hearing and considering
the testimony and arguments, if any, of all persons who desired
to be heard, said Commission considered all f,actors relating to
the Site Development Plan (SDP 77-1), and found the following
facts and reasons to exist: dJ
1. The project design demonstrates sensitivity to the' view of-
the project from adjoining residential properties and adj0i.n- ing streets.
2. -Adequate public improvements are assured.
3. A thorough environmental investigation has been conducted and
adequate mitigation provided. ..
' 4. The developnent com2l.i-e~ xikh the Cznersl Plan because the
General P1im permits nc L~!iim~-h~io< cmr.rnxcia1 to be placed in areas convenicct to residential uscs.
The subject parcel is adequate in size and shape to
accom.odate the proposed use. 5.
NOW, THEREFORE, BE IT resolved by the Planning Commission
I. of the City of Carlsbad as follows:
A) That the above recitations are true and correct.
1.
2.
3,
4.
5.
6.
That in view of the findings heretofore made and consk%ring
the applicable law,. the decision of the Planning Commission is to APPROVE the Site Development Plan (SDP 77-1), subject - to the following conditions:
Approval is granted for a portion of SDP 77-1 Exhibit "B"
dated 3/23/78, are specifically not approved, and new application amending
SDP 77-2 will be required to approve development of those sites. *.
A -I_ landscape - and irrigation-p-lan shall be approved by the
Planning Department prior to the issuance of building permits. Said plans to include a landscape design --- for .----- the center
median of El Camino Real.
Parking areas shall be adequately screened from public street:
and adjoining residential.
Roof mounted mechanical equipment shall be obscured from the view of adjoining streets and adjoining residential.
If a retaining wall is to be constructed along the east property line, it shall be constructed of decorative
materials and the view shall be buffered with landscaping,
Areas designated as "future" on said exhibit
72. Y
rz\ --.- . --.* -.- * - -.-.-.. . ..
Location of fire hydrants and sizes of line serving said
hydrants shall be approved by the Fire Marshall.
7. The driveway on Dove Lane shall not be located any further
to the west than is presently shown on Eshibit vlB'v.
8. As part of Phase I the parking lot shall be developed sufX-
iciently to accommodat.e all parking required for Phase I uses. All access drives shall be fully improved to a width of 28 feet. Developed portions of the parking lot shall, SJC
delineated from undeveloped portions to the satisfaction
of thc City Engineer. A suggested Phase I parking J.ot
dcvclopment is shown on Exhibit "B".
Alga Road shall be dedicated on the basis of a 102 €oat rl street section.
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12.
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El Camino Re21 shall be dedicated on the basis.of a 126
foot strcct scc tion.
Coniple tc half -s treet public improvercsnts shall be provided
along the entire nlqa Road and El Camitlo Real frontaye-
Those shall include dedication and construction of a curb
return at the intersection to provide a free right lane to
be approved by the City Engineer.
The applicant shall execute a secured agreement to provide - one fourth-of -- the cos-t_.of a traffic signal, including channelization, at the intersection of Alga Road and El Camino
Real, or participate in the cost of traffic signals in
accordance with the City Ordinance at the time building permit are issued. -. -
Dedication of Alga Road and El Camino Real shall include a '
waiver of direct access rights except at the driveways 011 the approved site development plan.
c -- -
The median shall be constructed along the entire El Camino Real--frontage. Fo--ensure that all access points along El Camino Real shall be right turn in-turn, turn out, excepting at Street A (between the commercial area and the four-plex area), A fully activated traffic sisnal shall be constructed at the inter-
The median may be constructed in three phases
I
section of Stzeet c
" A " and El Camino Real in the construction of the commercial area.
Street lighting along El Camino Real shall
Bell type.
conjunction with - -
be ehe Mission
No building permits shall be issued until Lhe Planning
Director has approved the final site development plan,
This approval shall expire in one year from the date of approval if building permits are not issued within said one year period.
On site lighting shall be designed and shielded so that light and glare will not be a nuisance to adjoining res- idential uses or vehicular circulation on adjoining streets,
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City of 'Carlsbad Planning Commission held on April 12, 1978, by
2 the following vote, to wit: 4
xxx
xxx
xxx
xxx b3
Lester G, Evans
City Engineer
' intersection.
As you stated your cooperation will be provided
in coordinating the necessary permits and author- - ization for work to be performed in other than right
of ways.
We do appreciate your offer of 50% participation
of all expenses to be incurred, Upon written confirmation of the above agreement, work will
to be made to
' .f. 1
. DEVELOPMENTAL SERVICES 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008
sletant City Managger 4) 43a5596
0 Bulldlng Department (714) -25
t & Engineering Department
0 Housing L Rdovalopmmt Daputmsnl
o manning Department
(714) 4386341 'I (714) 4385611
(714) 4386591
f-
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December 9, 1981
Edward H. Wale Director of Construction MOLA DEVELOPMENT CORPORATION
6994 El Camino Real , Suite 21 1 Carlsbad CA 92008
ALGA ROAD PROBLEMS
Thanks for your letter describing our phone conversation .on December 8, 1981.
First, I. think you know I have no authority to commit the City to any unbudgoted expenditures. can probably spend up to $1000 or so for soils investigations, if I have good justification.
On any extensive construction, I would have to go to the City Council and ask for funding.
In light of my constraints, I Suggest we proceed in stages. Clyde Wickham will represent the City and I would 1Ike you to keep him inform ad on what
you're doing. The City's participation in any costs incurred by you will be based on Clyde's recommendation; You should discuss with him the scope
(and cost) of.the soils investigation work you intend to do. The results of the investigation and subsequent recomendations for corrective action should be the basis for a repair project. posed project and the bids for completing it.
Under the conditions I have outlined, the City is more than will ing to participate in correcting the longstanding structural problem on Alga.
*
I agree with your summary of what was said, but I'd like to define -my position a little better. .-.
I do have a budget for professional services and
Clyde should review the pro-
LES EVANS City Engineer
LE :mmt
C: Clyde Wickham
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DEVELOPMENTAL SERV IC ES - .-- - .
0 Asdstant Clty Msnagsr (714) 43a-5598
1200 ELM AVENUE
CARLSBAD, CALlFOiiNlA 92008 --
. 0 Buliding Department (714) 436-5525
' Anpineering Department (714) 434385541
' 0 Housing & Rsdwlopmmt Department 3096 Harding St.
(714) 4385811
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0. Plannlng Department
(714) 438-5591 1 :. ~. -. .._ , .. ..
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January 25, 1982
a- . _-
Ed Walg
Director of Construction
Mola Development Corporation 808 Adams Avenue
Huntington Seach CA 92648 ..
RELEASE OF BONDS ON WEST BLUFF PLAZA *.
_. . -. ~ -.-* . __ - ___ .-- ' ____.-_._ .................. __ 'I
Enclosed please find copies of previous punch lists for West Bluff
Plaza. In addition to these mentioned items, please add the re-
con s t rut t i on an d/o r re pa v i n g- o f - the - -1 e f t--turn=-pocket- on-E-l---Ca.mi no:. +==--= =
Real southbound onto Alga Road. The street light on Alga. Road and El Camino Real has also not been accepted. In the past, complaints
have been logged on the tirning/phasing of this light, Therefore,
prior to acceptance of this light, we would request a complete
check on tho, signal controller.
If you have any questions, please don't hesitate to call.
.- ~ . -I
Assistant Civil Engineer
CW:ls 1
Enclosures . .... .....
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TO :
FROM : DATE : SUBJ :
1.
2.
3.
4.
5.
6.
CAR~SBAD , - MEMORANDUM ---------- -
ixpARTM
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Jim Cento, Engineering Technician
Doug Duncanson, Parks Superintendent
December 31, 1981
Acceptance of Median Islands on El Camino
The median islands on El Camino between Alga and k mile north of Dove Lane have recently been landscaped. The overall land- scape meets with department approval. But, before final
acceptance will be granted by the Parks and Recreation Department, the following items must be met: ,
,)
All weeds removed and pre-emergence herbicide applied.
Concrete (Bornanitel to be sealed.
Irrigation system is to be completely inspected for proper
working order and anti-drain device installation.
Keys to irrigation controller be given to Parks and Recrea- tion staff.
All landscape plantings to be inspected and approved for quality. w .- SI
Final walk-through inspection to check above items.
DD: jw
cc: David Bradstreet, Parks and Recreation Director
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a. [L .PUKC€? LIST K -
NOLA DEVELOP hiC PfT
' (!?EST B1JUF.F PLAZA) -
*l. q3- Carnino Real & Alga Road: . Repair left--i;urn larrc- .- .
* tis70 pot holes. .
@ Fix Alga E/O El damino Real.. . . '_
.. - *. .. - . .. .. -3. Patch all curb chips, .
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.. 4. Iwlediail at Alga & El Carctino Real:
and/or landscaped.. should be cemented
b z .- .. -.. 0 ... .. .... 5. Repair all. cracked sidewalks: i.e, Beverll. Kills
.. -. . Savings a*?d ban, .eke, .-
-. *- .: . 6, Repair sunken kenchss, . .-
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7.. . Complete paving 'of Dove Lane--half complete-:another :lift for second half of street left to be done,
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.. . Cleanout ax1 storm drains:. * .. . .I
8.
9.
10.
-.', If-
-. 11.
Repair patches adjacent to n2dian, across from center . (Uli~pto~) - .. 0.
shopping .. 12,
.. .. .. - ..' 13. - No conuiients (covered by median?) ,.
14, Rerafr all broklzn curb.5.n xleZian areas,
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$
AMS AVE, HUNTINGTON BEACH. CALIF 92648 /(n4) 53&2547 WINO REAL SUITE 211, CARLSBAD. CA 92008/(n4) 438-1157
I. ,
CITY',: OF , CARLSBAD
now,been completed for the above referenced projects which con-
sist. of Westbluff.Plai$, Westbluff Hills Condominiums, Westbluff North- Condominiums and the traffic signals at Alga Road and El Camino Real and Dove Lane.+ and El. Camino Real.
my understanding that Downey Savings and Loan has now submitted -':to. you a pass book account-for,improvements contiguous and with-
: .in their property acquired from. us in October of 1980 together
with the subdivisi
We. would ask that
r. . .
Further, it is
.. ..
-$ xecuted ,by them.(Rnaw-w rnoQ6)
ce the exoneration of
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. ' the Mola. Development ,Corporation. existing bonds before the City
: Council for. formal. exoneration.. ' We have been paying continuing
.. .. premiums on the.bonds which has been considerable under the cir- ..
<.. .. ., cumstances. ..
,. .i .trust YOU will, h information to move 'this matter
forward but if -you should need anything free to call. Unless X hear from you I shall assume that the
exoneration will be forth ea If you have a date certain please inform me to
from me please feel
8, //' 4,
' Genlral
PEvE/cd
Cc: Ms
. .1 ', *', * 5
i .; . : . ~ .I . . . ,. . , .. ..
-Rhodes,":*Al: Barker Bonds ' ' ', 'I
. . ... I
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,. . . .. . . ... ,. .. "*:. .' 5 . .
, t : ===F-i?=$
'L. 1200 ELM AVENUE _. CARLSBAD, CALIFORNIA 92008 DEVELOPMENTAL
SERVICES
0 Asststant City Manager
(-
(714) 438-5596
Q Bultding Department (714) 430-5525 5.
IP/Engineering Department
0 Housing 6 Redevelopment Department
(714) 438-5541
3096 Hardlng SI. (714) 438561 1
0 Planning Department (714) 438-5591
February 8, 1982
Peter Von El ten
, General Counsel
Mola Development Corporation 808 Adams Avenue
Huntington Beach CA 92648
I
..
' CARLSBAD SDP77-l/CT77-8/CT79-29A ..
-A request has been submitted .. by your office to gxonerate the r bonds for these projeocts. - --
1 SDP77-1: You have three (3) punch lists from the Public Works
Inspectar for SDP77-1 (West Bluff Plaza), From this list, our
office has not received letters from the affected agencies;
Bob Wilkersen (Parks & Recreation) , Chris Henderson (Public
Works), and Signal Maintenance in regards to condition of the
street light,
CT77-8: This office.has received Downey Savings & Loan's
replacement bond and this is being processed, but as of the
date of this letter, nothing has been accepted by the City
Attorney or the City Clerk. WWA5
CT79-29A: This development is far from complete. The slopes
are not stabilized (80% growth), and the street systems are not
complete. I feel your request on this project is premature. This office can release the grading bond when the slopes are
stabilited'and erosion control has been satisfied.
If you have any further question, please don't hesitate to
btbr &ecc~~...1Zo,~c~~~~~aB)
r
Cali.
CLYDE W I C KHAM
Assistant Civil Engineer
CW:ls
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._ b.& A A UA bL1l~~LI.JLL~U - .*
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PUN& LIST I' _. .. ..
MOLA DEVELOP 2-iE:ZCfT '.
1. . * (!YEST BJ~UF.+ PLAZA) . - .. .
0. ,.
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-: .. .. &l Cantino Real & Alga Road: . Repair lefi-turn lane two pot holes. . ... .. - .>
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... .. .. .. - - .. I. e .. @ Fix Alga E/O El Camir.o. Real.. - -. .... .. - 0.
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... .. 'i . . : , . . . ;.' .. t ..
.. ,. 3, , Patch all curb chips, .+ . . .* .. 4. Mediail at Alga & El. Cmino Real: should be cemented .. -.
_- -* - . .' .- .... ... t. .' .- .' .. ..... ... .. -. ...
I. ..
' .s and/or landscaped. .. ... # , '. ... ... .. 5.. Repair all cracked sidewalks
Resair sunken trenches, . .' . . Savings and Iaan,. . etc - .. .. -. ..... ..... ... .. ... .- .._ .. .. .. .. -. ..
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. . 6.
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.. -. i.e, Bevarly HiZLs .
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..... ....... ..... .... .. .. 1 7,. ~ Complete paving 'of Dave Lane---half corriplete--another
.'.lift for second half of street left to be done,
' 8 ,. . Cleanout all storm drains.
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:r - 9.. Co.z\Lete 'onsight .drainage for Crazy Burrito - .- .. ... ... ... .,. .. e-
.'e. IO.
11. .- Repair broker, spkndrel.. and .curb. at ,rr.ost'l southarn. exit/ ..-- .-.. --.- '
Remove coxxrete spillege from cur6 and sidewalks. .... ..... ..
._. , .- .... ..... . 0.. _. .. .... .. .- .' . .. .. ~ .. - ..
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._. ..&trance on EI Camino Real-remove and'xepLace.. .. .... _..
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12. Repair patches adjacent to median, across from shopping ..
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center . (3Ulicptor) - _. . -* . *_ -' . . '-:* i3. - No imnunents' (covered by median?) . .. .. .. .... .. .. . ,.. ..... .'. ,. . - .. .. ..
c ..... . ....... .. .:. ..... ..... . ... .. : .... .. -
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3.4.. ' Repafr 211 broken curb. in median areas, :
submitted by:
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.. .. ,' CI€ RI S I! END E R S 0 Fi .. ... ... .. .. .. Inspector . .. ..
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pment that the ,
the western edge.of the failure. The trap : will-run from the.southern edge of the
. ,. median north across Alga Road to daylight
, .. . on the adjacent property, This trap will
,-
. DEVELOFMENTAL
1 SEFMCES
Assistant City Manager (714) 438-5594
Building Department (714) 438-5525
Engineering Department
Horrslng & Redevelopment Department
(714) 43a-s~
3096 Hmding St.
(714) 438-5611 ..
1200 ELM AVENUE
CARLSBAD, CALlFORff IA 92008
Planning Department (714) 438-5591
March 17, 1982
Chris Christie
MOLA DEVELOPNENT CORPORATION
808 Adams Avenue
Huntington Beach CA 92648
BOND RELEASE - WEST BLUFF PLAZA (SDP 77-1)
Attached you wil-1 find copies of memoranda and punch lists
as prepared by Parks Department, Planning Departnent and -
Utilities/l.laintenance Department. These remaining items
mentioned must be com2leted prior to bond releasc of West
Blcff Plaza.
..
-a
Call me if you have any questions.
Assistant Civil Engineer
Ct1:mt
Attachments
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'*
.. MEMORANDUM. -
TO : Clyde Wickham, Assistant Civil n ineer
DATE : March 10, 1982 SUBJECT: West Bluff Plaza (SDP-77-11
FROM : Bob \dilkinson, Park Planner & -..
The following is my punch'list for the landscape contractor. Each item has been requested previously but action has not
been taken to date.
1. Create a gravel sump in the southwest corner of the
southern-most planter in the northern island (across from the south entry to Mola's 80 unit conversion), two foot square, twelve inches deep. This to retain
the minor drainage from irrigation lines.
2. Spray all weedy growth coming up between cold joints in concrete work. Spray round up at a heavy rate (3-4 times the recommended rate). :Je will want to see
indication of this treatment prior to acceptance.
...- 1
REW : kap
u. c- F
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.P
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CITY Or* CAWEAD
-- E?!ClNEE81NG DEPARTMENT
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DATE:
TO:
FROM:
i
ME MO R A 14 D U 3
March 2, 1982
Bob Wilkcnson, Park Planner, Parks & Recreation
Dude Greagrey, Utilities/Maintenance
Bill tiofman, Associate Planner, Planning
Chris Henderson, inspector, Engineering
Clyde Wickham, Assistant Civil Engineer, Engineering
SUBJECT: WEST BLUFF PLAZA (SDP 77-1)
A request has been submitted to this office to exonerate the bonds
associated with West Bluff Plaza (SDP 77-1). This project lies '
south of Dove and El Camino Real, and north of Alga Road and El
Camino Real (including half street improvements adjacent to site).
In the pzst, numerous punch lists have been created for this
project. insomuch as staff can determine, most of these items have
been completed.
Please re:liew this project and, if there are any outstanding prob-
lems or inconplete improvements, or if you feel t'his project is
complete, please notiffi this office.
Your cos;eration is appreciated.
.... -... .
Assistzct Civil Engineer
CW:ls
C: Mola Dtvelopnent
DO NOT RELEASE BONDS ON'THE MOLA DEVELOPMENT. THEY HAVEN'T COMPLETED ALL THE PUNCH LIST. ITEMS BELOW NEED COMPLETING:
1. 2. 3. 4.
Complete median on Alga Road. Pavement low right turn radius Alga & El Camino Real. Back fill behind sidewalk Alga to 100 ft. north of El Camino Real. Fill cracks between sidewalk and curb Alga to Dove.
.~ 5. Repair paving east end of Dove. .
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MOLA DEVELOPMENT CORPORATION /808 ADAMS AVE, HUNTINGTON BEACH, CALlF 92643 /(TG 536-2547 6994 EL CAMINO REAL SUITE 211, CARLSBAD, CA92oS8/(TA) 438-1'57
., April 22, 1982
Clyde Wickhain Assistant City Engineer
CITY OF CAELSBAD 1200 Elm Avenue
Carlsbad, CA 92008
Re: Bond Release for
Dear Clyde :
This letter is to request the bond release for West Bluff Plaza
that all'punch list items from your departments have been com- pleted.
-- I and the West Bluff Hills Condominiums. It is our understending 9
Please advise us if there are any problems or if any additional
information is needed.
Sincerely,
MOL4 DEVELOPMENT CORPORATION.
Chris Christie Project Manager
CC/cak
EXHI B IT "A"
_.
.w , Accept Mlic Improvenents associated with SDP 77-1, CIestbl tiff Plaza, ail-thorlze staff to reletsc bonds, and have Utilities/E:aintenance to
cOliiiiEnw mi ntenance.
Mol a Developrnent Corporation, developers of of idestbl uff P1 c?za h3.s requested the C-i ty to accpet the pub1 i c i mproveinents and exgnerati on
of bonds associated with SDP 77-1.
A1 1 'm-wrned City clepartments have advised no oppostion to acceptance of ir;q)rovmen ts .
FISCAL. 1RPACT: ---__---
City \;.il? be required to maintain im?roved yblic streets. no. City water lilies in this area as it is served by CF!I:IXD. Ttere are
0
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EXHIUITS: I--.-- .-
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Mo 1 a Deve 1 oprnen t . ' - -- on which c
\. was the contractor, and I American Motorists Insurance Comoanv
was the sarety, was completed. 'C
CITY OF CARLSELD ..
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VERIFICATI@X OF CITY CLEkC - .. . .. . 1, the undersigned, say:
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- .. , I: am the City Clerk of the. City of 'Carlsbad; thth,,City Council of'
\
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.. ca3d City on -- May 4.' 1982 accepted the above described work as
I
' .$ dcclnr; undcr penalty of yerjury that the forcgoing'1.s .I true and .. . corxcct.
'. . ..... ., . ... ". .. b ,' :""'.'.CITY OF CARLSBAD . : . - , " '.. ...
.----
... -IC.. . '. ; .. 2;: . :::, ~, , . .
. * XM~R-'OFFICE CORRESPONDENCL . .
;o: r" City Clerk
-RON: Engi neering ,. . OFFICE: CURRENT DEVELOPMENT --
fu~ J ECT : BOND RELEASE CT 3D@Z7-1 1 ' . '.
.a- ._ .
5,. .._ DATE:. .9/13/82
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file in your office for subject subdi&sion:
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(')75X of Bond to be released after recordation of Notice of Completion. 25% of Bond to be retained for one year after recordation of Notice of Completion,
~*)lOO% of Bond to be retainid .. for.6 months after'recordation of Notice of Completion. .. '
... .. ... ....e( Warranty Bond) .. Final inspection required for Eond release, ..
. .e.. .,:* .-., .. *.. .. 'Please mail .a copy 'of the !etter of release .to: ' MOLA DEVELOPMENT .-
... , ... ' 808 Adams Street. 8.
' Huntington .... Beach',CA 92648' ... '{: . .
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.... : *:. . .,I., .: .......... .... : ' . ,: ,:.- ,. . ,*
' : .
n i C hr i s.'"Chri s ti e
, . Reply Requested: JLeL% .- . ... ..... Signature: .. .. Attachme tits :
.. :4.,
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Dear Mr. Allen:
Development Corporation and the City of Carlsbad regarding*the repair of Alga Road south of El Camino Real. This repair was a requirement to the release of improvements for the West Bluff Plaza commercial center at that same location. The stages described in paragraph four of the December 9, 1982 letter from Les Evans were followed as requested which can be verified by Mr. Clyde Wickham. Mr. Wickham inspected this repair on a daily basis and therefore is familiar with the daily operations.
Also enclosed you will find the invoices for the costs incurred on this repair. will reimburse Mola Development for 50% of these costs. Please It is our u'nderstanding that the City of Carlsbad
..-. . ..I . . .. ..
r
advise me on
Sincerely,
:i
MOLA DEYVELOP
Cathy 3 Control
cc: Ch Ed
. Smith 1 er
ris Chr Wal e,
I '.>
istie, Direct
".
Superintende or of Constrti
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nt ' ction
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DEVELOPMENTAL SERVICES
Asslstan? City Manager (714) 438-5598
0 Buildlng Department
& Engineering Department
0 Houslng b. Redevelopment Department
(714) -5525
(714) 43&5541
3096 Harding St. (714) 438-5611
0 Planning Department (714) 438-5591
September 10, 1982
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1200 ELM AVENUE CARLSBAD, CALIFORNIA 92009
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.. MOM DEVELOPMENT CORPORATION 808 Admas Avenue
PHONE CONVERSATION WITH CATHY SMITH AND CHRIS CRISTIE REGARDING ALGA ROAD CHUCKHOLE
1). The total amount of these-invoices is beyond the scope of any agreement between the Xi ty and Mola Development Corporation (please refer to letter from City Engineer dated 12/9/81). estimates would have been presented. earl ier, the misunderstanding would have been rectified; however, neither the City nor City inspectors had any idea of these expenses.
Huntington Beach CA 92648 -,
If these bills or
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2) There are some inconsistencies with these receipts, Chris Cristie was the project foreman, yet John Walter (the superintendent of a project north of the work) signed 75% of the tickets/work receipts. One
3) The section8 of Alga Road'has failed from the beginning OF construction of West Bluff Plaza, The chuckhole has been patched five or six times within a two-year period;. and at the time of this repair the road was not accepted by the City of Carlsbad for maintenance.
I of the receipts from'Palomar Grading and Paving is unsigned, . I
... -. -.. : .. .. .. .-. -4, .,.e. .
1
The problem of sub-surface drainage was overlooked.unti1 the report was
made in March of this year, .. L '., '' . : .... .a. ._" . . ,.."...... ..... .. .?.d
.. .. '. .< I .......... .I. - .. ..... ........ .. ' .. -. . ....... ~ ....... - ......... .. .. 4) ' For kurther discussion, please prepare an itemized format of work .... ..... -:
* *. .. ..... ...... ...... ..* ..
done.:;':.';': ; ; ::: .&': ..tt:!! :: ,!I! ..
. *- .' this office. ... J,...... .
Assistant Civil Engineer
CW:mt
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September 10, 1982 f-
TO: CITY ENGINEER
FROM: Assistant Civil Engineer - Current Development
SUBJECT: STAFF REPORT - CHUCKHOLE PROBLEMS ON ALGA ROAD (WESTBOUND LANE) 450'. to 500' EAST OF EL CAMINO REAL -, ..
After numerous failures and attempts to patch a chuckhole in Alga Road, the City Engineer discussed the problem with the developer. He requested that an investigation to determine probable causes of
this failure begin and advised the developer that permits, inspec- tion and authorization for work outside right-of-way would be
obtained or issued by. this department (see 1etters.dated 12/8/81
to the amount. of participation, not to exceed.$1,000 without
Council authorization. In accord with these -constraints, and after
the rainy season,'construction began as follows:
,'and 12/9/81). The City Engineer clarified a blanket statement as
hOn March 8, 9, 10, 1982, a temporary patch and repair
0 On March 25, ld8& Action Engineering inveskigated this
job was done.
. area and made report (see report dated 3/26/82). r-
0 On April 5 - 14, 1982, the subsurface drain was installed
and the area of failure was repaved,
I. .. ..... ..
... ' .:.., The patch was. a success--no .... failure has been reported as of this
f this 'project, cost was not mentioned nor
... .. .. *. . date, .. .I. .... ., .
. .-' __ .Throughout construction
.. .. , ~. f" Attachments ,. ..
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CONFERENCE NOTES MEETING OF OCTOBER 18, 1982
9 a.m.
TO: ATTENDEES: RICHARD ALLEN, CITY OF CARLSBAD. CLYDE WICKHAM, CITY OF CHRIS CHRISTIE, MOLA DEVELOP
FROM: Clyde Wickham, Assistant Civil Engineer
SUBJECT: PAVEMENT FAILURE ON ALGA ROAD (WESTBOUND LANE)
PURPOSE: To Discuss Cost Responsibility for the Repair of Pavement Failure on Alga Road
Chris Christie began the meeting with an overview of the problem and presented a full account of work activity.
Clyde Wickham added the fact that the pavement section had failed five times since it was constructed and City forces had put in temporary patches twice. Another point was, that at the time of the final repair, the improvements associated with this project had not been accepted by the City. Clyde also mentioned that, as project representative for the City, he did not receive any pay receipts or work tickets as signed by the project superintendent. If he had been notified of costs incurred, this misunderstanding could have been mi ti gated.
Richard Allen stated the City Engineer could not authorize unbudgeted expen- ditures without City Council approval, as stated in Les Evans' letter of December 9, 1981. someone other than the project superintendent, and noted the amounts appear excessive. Chris replied that John Walter lives down here; therefore, when the crews were leaving at the end of the day, he would sign for them. He also assured Richard these were only the costs incurred on this job. Chris also stated if Mola Development had known the City would not have participated in these costs, they would not have repaired the section.
Chris asked Richard if he could carry this discussion further.
0 r
Richard asked why the receipts/work tickets were signed by
Richard adjourned the meeting saying we haven't budgeted for expenditures of this type, and he didn't know where funds would come from. complete run down of costs and activity before the next discussion.
,The meeting adjourned at .10 a.m.
He asked for a
I c: City Engineer Mol a Development
+. /"h -\
.*DEVELOPMENTAL 11 1200 ELM AVENUE
SERVICES CARLSBAD, CALIFORNIA 92008
I
Assistant City Manager
(714) 438-5596
Citp of CarMbab G Building Department
113iEngineerlng Department
C! Houslng 6 Redevelopment Department
(714) 438-5525
(714) 438-5541
3096 Harding SI. t (714) 438-5611
G Planning Department (714) 438-5591
January 24, 1983
Chris Christie Project Manager Mola Development Corporation 808 Adams Avenue Huntington Beach, CA 92646
ALGA ROAD REPAIR
*.
.* 0 7 This letter is in response to your request for payment by the City of 50% of the street repair work in Alga Road. First of all, the repair work was a development requirement in order that the street could be accepted by the City. Council accepted the work and your bonds were released. Subsequent to the completion of the repair,
Secondly, on December 9, 1981, the City Engineer sent you a letter stating his position and making it clear that he had no authority to commit the City to any expenditure. He did suggest that - witT
good justification - we would consider up to $1000 for soils investigations.
..
Finally, the procedure outlined in the City Engineer's letter was to have Mr. Clyde Wickham review the proposed project and the bids for it and make a recommendation. talk about what the City's contribution - if any - would be in advance of the work.
The purpose of this would have been to
Mr. Wickham was never privy to bids on the .job.
when the request for payment was received by the City, it was accom- panied by a number of "Extra Work Reports". verifying that all the personnel, equipment, or material charges were used for this repair. shock and beyond the scope of any project the City might have agreed to participate in.
We have no way of
Frankly, the total of $16,843.14 is quite a
r'
January 24, 1983 ALGA ROAD IZEPAIR .. r' Page 2
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The short answer to your request is that it is hereby denied. Please advise me of the next step you wish to take. and Soils Testing totalled $955.00.
, not commit to paying this, I would be willing to recommend payment of this amount.
The Soils Engineer Fee Although the City Engineer did
This could be handled administratively.
If the above solution is not acceptable, the next step would be to appeal this decision to the City Council. The appeal should be made by letter to the City Clerk (a copy to the City Engineer) with 3. $50 fee.
RIC€!?.H. ALLEN, JR. . Principal Civil Engineer
RHA:hmj
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'Ii
r' Attachment: Letter f;om City Engineer, dated December 9, 1981
C: City Engineer Assistant City Mager/Developmental Services
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808Adams Ave., Huntlngton Beach, CA 92648 (714) 536-2547
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March 24, 1983
Ms. Aletha Rautenkranz City Clerk CITY OF CARLSBAD 1200 Elm Street
CarlSbad, CA 92008
Re: Reimbursement request for Alga Road and El Camino Real Road
*.
'I Dear Ms. Rautenkranz: -
Mola Development Corporation has had a request for reimbursement pending with the Carlsbad Engineering Department for the last eight
(8) months. Engineer as per attached correspondence of January 24, 1983.
This request for reimbursement was based upon the partial written and verbal agreemenLs between Mola Development and the City of Carlsbad
Engineering staff as described on the attached correspondence.
The reimbursement request was initiated by Mola Development when the
City of Carlsbad required the repair of Alga Road, east of El Camino
Real, as part of Mola's West Bluff Plaza bond release inspection. Mola Development objected to the repair, contending that Mola had
repaired the road three (3) times in the previous two and half years and felt no further obligation to repair it. had been done in accordance with City requirements as well as being
inspected by City staff. It was the contention of Mola Development that the failure of the road was due not to the initial installation and subsequent repairs by Mola, but some unknown subsurface conditions in the area.
The request has recently been denied by the City
The previous repairs
Ms. Aletha Rautenkranz CITY OF CAWSBAD March 24, 1983 Page two
Further investigation by Mola personnel with local contractors, and the Water and Sewer Districts revealed a history of underground water problems on Alga Road. This information is evidenced by the existing checking and cracking of Alga Road east of El Camino Real.
At this point, Mola Development objected to the repair and offered to bond the repair in order to immediately secure the bond releases for West Bluff Plaza which were due for renewal.
The next step was to initiate a soils investigation to determine the reason for the road failure and what was necessary to correct the
damage. From this time on it was the understanding that the City of Carlsbad would participate in the costs of the repair. Mola proceeded as directed by the City of Carlsbad in good faith. A traffic detour network was designed by the City staff to accomodate
the soils investigation process - and eventual repair.
The soils investigation was done and methods of repair recommended.
This information was given to the City staff for review. Slight revisions were made and a method of repair agreed upon. It was
suggested by Mola Devel'bpment that the subcontractor used in the previous three repairs be used again because of familarity with the problem. This was agreeable to the City. The work was to be done on
a time and material basis because of the difficulty of trying to solicit bids to repair an unknown condition.
Mola Development remained in contact with the City Engineering Staff to schedule a suitable block of time to begin repair. The schedule
was based upon a five day weather forecast. In the meantime the City
staff informed Mola that a bond for the repair would not be necessary because it was evident the corrections were underway.
The repair was started and inspected ___ daily by several members of the City staff. crew operating every day. Staff would be more than knowledgeable on the daily expenses incurred and in no way should be surprised at the amount requested for in the
reimbursement. Mola Development is also disturbed by the insinuation by the City Engineer that Mola would submit invoices for labor and material other t-han those for the work described in the body of this
letter, particularly when daily inspections were made by the City.
As reflected on the daily tickets, there was a sizable Mola would have to assume that the City
The basis for Mola's request,is the initial objection to the repair and the subsequent offer to bond the repair until a fair arrangement
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Ms. Aletha Rautenkranz
March 24, 1983
Page three
CITY OF CAFUSBAD ..
could be negotiated.
the repair unless there was an understanding of good faith that the
City would participate to the settlement of one-half of the
expenses. As to the mechanics of the reimbursement, Mola assumed
this would be taken care of by the City Engineer.
There is no reason that Mola would have started
. Mola Development would be more than happy to meet with you to discuss
this matter. If you have any questions please contact me at area
code 714-536-2547. Mola would like to request that this matter be
scheduled for Council action if the matter cannot be resolved at
department levels. It is our feeling that the City has been unjustly
enriched at Mola Developxent's expense and that equity and good
conscience should dictate an amicable resolution to this problem. We
are enclosing our $50.00 check for the Council appellate fee. Please
advise me as to when this matter will be scheduled before the
Council.
Very truly yours,
r
Peter E. von Elten,
General Counsel ..*
PEVE/cd .
cc: Chris Christie/Mola Development Corporation
Carlsbad City Engineer
Carlsbad City Manager