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City of Lafayette Staff Report
To:
City
Council
From:
John M Luttropp, Associate Engineer
Date Written:
June
3, 2009
Meeting Date:
June 8, 2009
Subject:
Happy Valley Road Pathway Status Update
Introduction/Background
In January the City Council directed staff to implement a project to relocate a section of pathway
on Happy Valley Road between Franklin Lane and Valory Lane. The project was originally
requested by Mr. Feliner at 3790 HVR and supported by the Happy Valley Improvement
Association and other area residents. This relocation requires an easement to be granted by four
property owners to the City. Over the past few months staff has been pursuing various avenues to
obtain these easements. It now has become clear that the City will not be able to obtain all the
required easements any time in the near future for a feasible project, and staff is recommending
that the City Council authorizes an alternative project.
Discussion
Mrs. Bruzzone at 1201 Franklin Lane has indicated from the very beginning that she is not
interested in participating in the project. Staff and a member of the City Council have been
working with Mr. Gonser in order to develop easement language that would be acceptable to both
parties to allow for the relocation of the pedestrian pathway fronting his property at 3806 HVR.
While some progress has been made, at this time Mr. Gonser has definitively indicated that he is
no longer interested in providing an easement. In his opinion, the pathway is acceptable in the
current condition and requires no further modifications. The adjacent property at 3802 HVR
belongs to Mr. Moore, who had been willing to accept similar terms for granting the easement if
the City can come to agreement with his neighbor, Mr. Gonser. In staff's most recent meeting
with the Moore, he is now unsure how he wishes to proceed, but a favorable decision does not
appear to be forthcoming. The third property owner, Mr. and Mrs. O'Neal at 3792, have
indicated that they are still willing to grant the easement for the pathway. Please see attached
drawing showing the location and relationship of the aforementioned properties.
In light of the missing easements, more than half of the planned relocation of the pathway is no
longer feasible. The benefit of completing the remaining half of the project is highly
questionable, and the resulting visual inconsistencies within a short stretch of the road may in fact
be a detriment to the neighborhood. Meanwhile, the City is under a deadline to award a
construction contract or forego its remaining grant fund balance of $16,000 for the project. Staff
advertised for and received construction bids for the project in the interest of time and in the hope

 
that the easement matter could be favorably resolved. Given current circumstances, staff
recommends that the City Council reject all bids for the pathway relocation project.
Staff has advised Mr. Feliner of the current situation and staff's position. He would now like to
see the option of installing a split rail fence revisited in the areas where easements have not been
obtained. Staff has informed Mr. Fellner that we would not support completing only a portion of
the relocation for reasons presented above. Installing a fence along the entire subject section
would be possible, if by the City Council meeting of June 8th he is able to achieve a neighborhood
consensus that the fence option is desired, and the Happy Valley Improvement Association is
willing maintain its original funding commitment of $20,000. Staff will provide a verbal update
to the City Council at the meeting regarding the neighbors' and HVIA's position. At that point,
the City Council could direct staff to proceed with this alternative.
Recommendation
1.
Reject all bids for the Happy Valley Road Pathway Relocation Project.
2. Direct staff to move forward with the construction of a split rail fence from 3786 Happy
Valley Road to Valory Lane provided that there is neighborhood support for this project
and the HVIA maintains its original funding contribution commitment of $20,000.

 
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