Discuss & Consider The Willows Wrought Iron Fence Replacement
Third Laguna Hills Mutual Maintenance & Construction Committee August 29, 2017
ENDORSEMENT (to Finance and Third)
Discuss & Consider The Willows Wrought Iron Fence Replacement Request Ernesto summarized the need for 1,450 feet of fence replacement and answered questions from the Committee. Discussion ensued regarding fence ownership, sidewalk conveyance and use of the sidewalk. Staff obtained three estimates for the fence replacement. From the lowest bid, the Third Mutual share is $51,300. On September 5, 2017, the Finance Committee recommended authorization of a reserve expenditure in the amount of $51,300 from the Replacement Fund Fencing, for a Shared Cost Agreement with The Willows Foundation, Inc., representing 50 percent of the cost to replace the common property line fence between Laguna Woods Village and The Willows.
Agenda Item # 5a Page 1 of 10
STAFF REPORT DATE: August 29, 2017 FOR: Maintenance and Construction Committee SUBJECT: The Willows Wrought Iron Fence Replacement Request
RECOMMENDATION Enter into a Shared Cost Agreement with The Willows Foundation, Inc. (The Willows) to share fifty percent of the cost to replace the deteriorated property line fence between Laguna Woods Village (LWV) and The Willows. BACKGROUND In September 2016, landscape crews cleared vegetation that encroached onto The Willows’ property along a 1,450 foot length of fence line separating both communities (Attachment 1). After vegetation was cleared, significant deterioration of the fence became visible (Attachment 2) and discussion ensued regarding the shared cost of fence replacement to split the burden of cost. The Willows responded by letter with an agreement to evenly split the cost of the fence replacement (Attachment 3). DISCUSSION MUTUAL FENCE The offer to share the cost of fence replacement is in accordance with California’s Good Neighbor Fence Act of 2013 which requires adjoining landowners to equally share in the responsibility for maintaining boundaries and monuments between them. SIDEWALK CONVEYANCE The Willows has also requested to convey a sliver section of their property containing a sidewalk which is mostly located within the Laguna Woods Village fence line. The Willows does not have current use of the sidewalk in question and does not anticipate any future use of it in the foreseeable future. The Willows is willing to Quit Claim to Laguna Woods Village its fee title to this property, free of charge. This matter will be considered by the GRF for acceptance. FINANCIAL ANALYSIS MUTUAL FENCE Staff obtained three estimates for the fence replacement. From the lowest bid the Third Mutual’s share would be $51,300. A supplemental appropriation is required in the amount of $45,075 to be funded from the Unappropriated Expenditures Fund. The balance of the cost would be funded from the Reserve Fund for Perimeter Wall Replacement. SIDEWALK CONVEYANCE There is no cost to the Third Mutual associated with the conveyance of the sidewalk to GRF. Agenda Item # 5a Page 2 of 10
Third Laguna Hills Mutual The Willows Wrought Iron Fence Replacement Request 8/29/2017 Page 2 Prepared By:
Rolando Valero, Assistant Engineer
Reviewed By:
Guy West, Projects Manager Ernesto Munoz, P.E., Maintenance Operations Director
ATTACHMENT(S) Attachment 1 – Willows Fence Line Exhibit Attachment 2 – Fence Deterioration Attachment 3 – Willows Request Letter
Agenda Item # 5a Page 3 of 10
Third Laguna Hills Mutual The Willows Wrought Iron Fence Replacement Request 8/29/2017 Page 3 ATTACHMENT 1
Agenda Item # 5a Page 4 of 10
Third Laguna Hills Mutual The Willows Wrought Iron Fence Replacement Request 8/29/2017 Page 4
ATTACHMENT 2
Agenda Item # 5a Page 5 of 10
Third Laguna Hills Mutual The Willows Wrought Iron Fence Replacement Request 8/29/2017 Page 5 ATTACHMENT 3
Agenda Item # 5a Page 6 of 10
Third Laguna Hills Mutual The Willows Wrought Iron Fence Replacement Request 8/29/2017 Page 6
ATTACHMENT 3 - continued
Agenda Item # 5a Page 7 of 10
Third Laguna Hills Mutual The Willows Wrought Iron Fence Replacement Request 8/29/2017 Page 7
ATTACHMENT 3 - continued
Agenda Item # 5a Page 8 of 10
Third Laguna Hills Mutual The Willows Wrought Iron Fence Replacement Request 8/29/2017 Page 8
ATTACHMENT 3 - continued
Agenda Item # 5a Page 9 of 10
this page intentionally left blank
Resolution 03-17-XX The Willows Shared Cost Fence Replacement WHEREAS, in September 2016, landscape crews cleared vegetation that encroached onto The Willows’ property along a 1,450 foot length of fence line separating both communities. After the vegetation was cleared, significant deterioration of the fence became visible and discussion ensued regarding the shared cost of fence replacement; and WHEREAS, the offer to share the cost of fence replacement is in accordance with California’s Good Neighbor Fence Act of 2013 which requires adjoining landowners to equally share in the responsibility for maintaining boundaries and monuments between them; and NOW THEREFORE BE IT RESOLVED, there is $6,225 as a contingency in the Replacement Reserve Fund for Perimeter Walls, which is insufficient to cover the full cost of this project; and RESOLVED FRUTHER, that the Board of Directors of this Corporation hereby authorizes a reserve expenditure in the amount of $45,075 from the Replacement Fund; and RESOLVED FURTHER, a total of $51,300 is the Third Mutual portion representing 50 percent of the cost to replace the deteriorated property line fence, as part of a Shared Cost Agreement with The Willows Foundation, Inc.; and RESOLVED FURTHER, that the officers and agents of this corporation are hereby authorized on behalf of the corporation to carry out this resolution.
Agenda Item # 5a Page 10 of 10
this page intentionally left blank
ENDORSEMENT (to Finance and Third)
Discuss & Consider The Willows Wrought Iron Fence Replacement Request Ernesto summarized the need for 1,450 feet of fence replacement and answered questions from the Committee. Discussion ensued regarding fence ownership, sidewalk conveyance and use of the sidewalk. Staff obtained three estimates for the fence replacement. From the lowest bid, the Third Mutual share is $51,300. On September 5, 2017, the Finance Committee recommended authorization of a reserve expenditure in the amount of $51,300 from the Replacement Fund Fencing, for a Shared Cost Agreement with The Willows Foundation, Inc., representing 50 percent of the cost to replace the common property line fence between Laguna Woods Village and The Willows.
Agenda Item # 5a Page 1 of 10
STAFF REPORT DATE: August 29, 2017 FOR: Maintenance and Construction Committee SUBJECT: The Willows Wrought Iron Fence Replacement Request
RECOMMENDATION Enter into a Shared Cost Agreement with The Willows Foundation, Inc. (The Willows) to share fifty percent of the cost to replace the deteriorated property line fence between Laguna Woods Village (LWV) and The Willows. BACKGROUND In September 2016, landscape crews cleared vegetation that encroached onto The Willows’ property along a 1,450 foot length of fence line separating both communities (Attachment 1). After vegetation was cleared, significant deterioration of the fence became visible (Attachment 2) and discussion ensued regarding the shared cost of fence replacement to split the burden of cost. The Willows responded by letter with an agreement to evenly split the cost of the fence replacement (Attachment 3). DISCUSSION MUTUAL FENCE The offer to share the cost of fence replacement is in accordance with California’s Good Neighbor Fence Act of 2013 which requires adjoining landowners to equally share in the responsibility for maintaining boundaries and monuments between them. SIDEWALK CONVEYANCE The Willows has also requested to convey a sliver section of their property containing a sidewalk which is mostly located within the Laguna Woods Village fence line. The Willows does not have current use of the sidewalk in question and does not anticipate any future use of it in the foreseeable future. The Willows is willing to Quit Claim to Laguna Woods Village its fee title to this property, free of charge. This matter will be considered by the GRF for acceptance. FINANCIAL ANALYSIS MUTUAL FENCE Staff obtained three estimates for the fence replacement. From the lowest bid the Third Mutual’s share would be $51,300. A supplemental appropriation is required in the amount of $45,075 to be funded from the Unappropriated Expenditures Fund. The balance of the cost would be funded from the Reserve Fund for Perimeter Wall Replacement. SIDEWALK CONVEYANCE There is no cost to the Third Mutual associated with the conveyance of the sidewalk to GRF. Agenda Item # 5a Page 2 of 10
Third Laguna Hills Mutual The Willows Wrought Iron Fence Replacement Request 8/29/2017 Page 2 Prepared By:
Rolando Valero, Assistant Engineer
Reviewed By:
Guy West, Projects Manager Ernesto Munoz, P.E., Maintenance Operations Director
ATTACHMENT(S) Attachment 1 – Willows Fence Line Exhibit Attachment 2 – Fence Deterioration Attachment 3 – Willows Request Letter
Agenda Item # 5a Page 3 of 10
Third Laguna Hills Mutual The Willows Wrought Iron Fence Replacement Request 8/29/2017 Page 3 ATTACHMENT 1
Agenda Item # 5a Page 4 of 10
Third Laguna Hills Mutual The Willows Wrought Iron Fence Replacement Request 8/29/2017 Page 4
ATTACHMENT 2
Agenda Item # 5a Page 5 of 10
Third Laguna Hills Mutual The Willows Wrought Iron Fence Replacement Request 8/29/2017 Page 5 ATTACHMENT 3
Agenda Item # 5a Page 6 of 10
Third Laguna Hills Mutual The Willows Wrought Iron Fence Replacement Request 8/29/2017 Page 6
ATTACHMENT 3 - continued
Agenda Item # 5a Page 7 of 10
Third Laguna Hills Mutual The Willows Wrought Iron Fence Replacement Request 8/29/2017 Page 7
ATTACHMENT 3 - continued
Agenda Item # 5a Page 8 of 10
Third Laguna Hills Mutual The Willows Wrought Iron Fence Replacement Request 8/29/2017 Page 8
ATTACHMENT 3 - continued
Agenda Item # 5a Page 9 of 10
this page intentionally left blank
Resolution 03-17-XX The Willows Shared Cost Fence Replacement WHEREAS, in September 2016, landscape crews cleared vegetation that encroached onto The Willows’ property along a 1,450 foot length of fence line separating both communities. After the vegetation was cleared, significant deterioration of the fence became visible and discussion ensued regarding the shared cost of fence replacement; and WHEREAS, the offer to share the cost of fence replacement is in accordance with California’s Good Neighbor Fence Act of 2013 which requires adjoining landowners to equally share in the responsibility for maintaining boundaries and monuments between them; and NOW THEREFORE BE IT RESOLVED, there is $6,225 as a contingency in the Replacement Reserve Fund for Perimeter Walls, which is insufficient to cover the full cost of this project; and RESOLVED FRUTHER, that the Board of Directors of this Corporation hereby authorizes a reserve expenditure in the amount of $45,075 from the Replacement Fund; and RESOLVED FURTHER, a total of $51,300 is the Third Mutual portion representing 50 percent of the cost to replace the deteriorated property line fence, as part of a Shared Cost Agreement with The Willows Foundation, Inc.; and RESOLVED FURTHER, that the officers and agents of this corporation are hereby authorized on behalf of the corporation to carry out this resolution.
Agenda Item # 5a Page 10 of 10
this page intentionally left blank
