Loading...
HomeMy WebLinkAboutAGENDA REPORT 1991 1120 CC REG ITEM 11BITEM // • 8• MOORPARK 799 Moorpark Avenue Moorpark, Califora}®193024. CAU�X5� ^529 -6864 City Cou II Meefng of / % 2 1991 ACTION: iii E M O R i°. N D O M TO: The Honorable City Council FROM: Kenneth C. Gilbert, Director of Public Works DATE: November 1.3, 1991 (Council Meeting 11- 20 -91) SUBJECT: Consider Standing Water Problem on the Sidewalk on the West Side of Mountain Meadow Drive North of Tierra Rejada Road (Willows II HOA) OVERVIEW This presents a discussion of the subject problem and sets forth certain information regarding -he ownership of the subject sidewalk and parkway. DISCUSSION A. Background 1. Tract 3998 -4 was recorded in July 1985. This Final Map includes the subject sidewalk and surrounding parkway area. 2. Tract 3998 -4 is part of Tentative Map 3998 [Urban West Corporation (UWC)] covering an area generally bordered by Tierra Rejada Road, Mountain Trail Street and Mountain Meadow Drive (see Exhibit 1) . This Tentative Map was approved by the City Council in October of 1984. Willows II HOA encompasses all of the area shown on Exhibit 1. 3. The Tentative Map calls for :landscaped parkways and meandering sidewalks on certain arterial streets, to be constructed between the street right -of -way line (to be located one foot behind the back of curb) and the rear property line of adjacent °-esident:ial .lots (see Exhibit 2 for a cross section of t.h,s riesign). The final map for Tract 3998 -4 implemented this requirement by creating separate parcels between , he St.2-E'Eit right -of -way and the rear line of lots facing irteri.or .residential streets (see Exhibit 3 for a map show ii thus( separate parcels) . PAUL W. LAWRASON JR BERNARDO M PEREZ SCXW +,)NTGc)W Wf ROY E TALLER JR JOHN E WOZNIAK Mayor Mayor Pro Tem �, akrwmoer Councilmember Councdmember Willows II Page 2 A. Background (font) 4. The Tentative Map (and the Conditions of Approval for same) does not clearly ief.ine the proposed ultimate ownership of the parkway parcels. Likewise, the Final Map does not set forth any language clarifying this matter. At some point subsequent to recordation, said parcels were conveyed by UWC to the Willows II Home Owners Association. In addition, there has been no separate access easement granted to the City by either UWC or Willows II. The parkway is owned by Willows II HOA . including the sidewalk in question. B. Landscape Plans Consistent with the Conditions of Approval, the landscaping plans prepared by UWC for thE' subject parkway show parkway trees, a meandering sidewalks and a raised planters behind a four to five feet high retaining wall at the back of the sidewalk. These plans do not call for the construction of a drainage system at the base o ° the planter to divert excess subsurface water in the raised planter from exiting the weep holes at the base of the seta ning w,iil. C. Water Seepage Problem For at least the last several months, water has been seeping out of the weep holes at the bottom of the retaining wall on to the adjacent sidewalk. Th.ks is the cause of the subject problem. To staff's knowledge, this problem is a rather recent development. It is our understanding that immediately after the construction of tt-,ese improvements, and for a number of years thereafter, there was no water seepage on to the subject sidewalk. It should be noted that the subject problem is not the only instance in the City of water problems on sidewalk. There are other areas where the overspray of irrigation systems in amply landscaped parkways causes some minor problems. There are also areas where there is intermittent water seepage on to sidewalks. Staff is work nq to resolve those problems where they exist. D. Field Meeting Several weeks ago, the staff met with representatives of Willows II at the site of the problem. The discussions at that meeting are summarized i -i my E}t.ter to the HOA dated October. 21, '1991 (Exhibit. I Willows II { Page 3 E. Recommended Corrective Action Discussions of this and like �.roblems encountered elsewhere, are often accompanied by a prc:.posed search for the source of the excess water. As stated ;.n my letter, it is the opinion of staff that this is a frui.t.ess effort. The excess water has established a path across the top of the sidewalk. Each time surplus water occurs it will take this path. The only long term solution is the construction of an underground collection and transport system to convey the excess water to either the gutter or a nearby storm drain. F. Action Plan My letter to the HOA (Exhibit 4) stated that staff would contact UWC on behalf of the HOA to discuss the possibility of their participation in the retro -fit project. My letter also conveyed my understanding of the conclusions reached at the field meeting, that if UWC declined to participate, the HOA would take the lead, construct. the needed retro -fit improvements and seek reimbur,zement if deemed appropriate. f! G. Response The response received from the HOA (Exhibit 5) states the matter in quite different terms. The HOA has requested that the City undertake the constr.icti..on ,)f these improvements. H. Private Property As stated above, the sidewalk is owned by the HOA. It is not City property. Staff is advised by the City Attorney that the construction of the request improvements by the City would represent a gift of pub i(:� funds. I. Design Intent Although the City approved t!ie Tentative Map, the design evolution of that map occurrec.: under the supervision of the County Planning staff. At th<4t time it was the practice of the County to not accept certain improvements for public maintenance, but to pass the maintenance responsibility on to the HOA created as a condition of development. At this point it is difficult to determine tie intent of those involved in that process, with regard to the ownership of the sidewalk. One could build an argument: tf;at either 1) the sidewalk was intended to remain the property of the HOA; or, 2) the absence of an access easement to the City was an oversight. Staff intends to contact 19r . F0m Za"ic of UWC to see what information he may have to ()r-1 this issue. Willows II tf Page 4 J. Easements In the event it is the decision; of the City Council to expend City funds for all or any pa -t ,Df the construction of the needed retro -fit improvements, it is recommended that appropriate easement deeds be prepared, approved and recorded granting to the City public access easements across the sidewalk. It is also recommended that temporary construction easements be granted to the City to cover the construction effort by the City's contrac`or in areas adjacent to the sidewalk. K. Construction cost Estimate The estimated cost for constriction cost for the retro -fit drainage system is approximatEly $5,000. RECOMMENDATION Direct staff as deemed appropriate. VIP _ ~.c` __ _ _. y (���✓ /'���� 6�ry � nom 4 • s� � e yz "2�\ k 14 G� ^l. ems.✓' 11 7 w r ' a•w o . "• f2bO lb ,} 3 �. Y.�� µtl• r/ . �, Eyl ° °dye '` r l W `° �' ° • fi t� Y t1 T 6 \a1 72{ 7 W41 God Fyn o .41 ` ,- �Qp �- ,y�.•f�y n� �(..•�Cr- li7 7 �� � a �'��� � -` � � / ��: � (y !• -t i �jF � \ .{fl. ; \ ; , i i- � , � Z � t �ji 9 4 'n4 0 h4 2 ..) , ��•!�S 1,° �' � F �� •� � \,f�\Q� VcN' �..r� _�;X� �•i� A�A`�1,�i����� \ .r]��,��'° I ,;y � e �...okst ♦6u r I r TrAp TO � •�J � r �C •;r.4 i � 007.7 ~ '�,e 13 � ,� � p �� ? /0.7 roa.F asr,Jv,C+ .6, f7 Rc) dyll + r Az rl "wv► •t g ? sag.. 9 zGE RZ LT �I ^^✓Fi �I' �a� 2 TRAIL , 21 tsss, NraIN , M �� �� o it C 3 I .J 0 30 x555e 5 ^'zoc S n• >o'xc•t _ N' O \� il ° ' 5n ii - S1 a9 49 47 54 �4 � `�/ 6 O 33 SS 45 6 56 n 57 44 r '1r7 Sr�Q F ' 59�:. e 506 -1 bo r � HILL ,..pa 4z e1 LOIN 1,C��89 90 °- : sz ss s, o a rl se Z �• ,; 2 Q 87 - S7 162 std 86 •LS leoa j5 .,,v �e,•nTfc .res'sr �� 14 SB ` r00 l02MR78 .39 1 n 29 i2B v / 9S 22 r 1 n (17 / yt ° 1 I i I I z9 / �J / '_ c, / U 1� g7 �1 96 1� o za i i\ "p ri �• E,q A �r'7i�a r N• �o pia o"1 � D Z a � M. FlIq Lm 6 r f r n ,..- i - zz e 2y'R ��e 54 ���'.ri "•az.w Se ,5 �2Gi r. �0 �- 5 -- �.J /C\ //�/ �i LC)URT ri �• E,q A �r'7i�a r N• �o pia o"1 � D Z a � M. FlIq Lm 6 r f r n October 21, 1991 MOORPARK 799 Moorpark Avenue M >orpark, California 93021 Willows II HOA c/o Afco Pacific Systems, Inc. P. O. Box 392 Moorpark, CA 93020 Att: Brad Winter RE: Standing Water on the Sidewalr_ West Side of Mountain Meadow rri.ve North of Tierra Rejada Road Dear Mr. Winter, 1,xhibit 4' (1 of 2) (805 ) 529 -6864 This is to document recent discussions on the subject matter and to request that the Board of Directors of Willows II take immediate action to correct the subject problem in a manner consistent with the suggested approach described herein. Last Wednesday I met with representative of the Willows II HOA to discuss the subject problem. t was generally agreed that the existing situation poses potential serious liability problems, and that an immediate solution is in order. We discussed some of the history of efforts to locate and eliminate the source of the water :1-oming from the planter wall next to the sidewalk. I explained that searches of7this kind usually fail to yield positive results; and even when they do, the water problem .invariably returns. The only way to effectuate a long term solution tc this problem is to construct a collection /conveyance system in the planter to intercept the water and transport it under the sidewalR, to either the gutter or a storm drain. I described the ietails of the design of such a system to those present. It w,a- generally agreed that this would be the only effective Lonq `,rm sciut: ion. It was explained to me that repr,.�sentatLLives of the HOA have discussed this problem with devel:pei, Urban West Communities (UWC); and that those discussions lid not lead to any positive results. I stated that I would j,scuss the matter with Steve Howell of UWC before I prepared 'hir5 letter documenting the approach outlined above. We spoke on Friday. Mr. Howell confirmed the understanding of thc:'1S4 present the above mentioned meeting, that UWC does not wish partis°i.pate in the cost of constructing the required retro irai.nige system. PAUL W LAWRASON JR. ©ERNARDO M PEREZ SCOTT MC; ^.` ­Mt ROY E TALLEY JR JOHN E. WOZNIAK Mayor Mayor P•u "e^ ou,K ,.• �, Counc lmember Councilmember Exhibit '4' (2 of 2) Willows II October 21, 1991 Page 2 As discussed at the Wednesday field meeting, I believe that immediate action is required to "f ix" the water seepage problem. In that the seepage is coming zrom a planter which is the property of Willows II HOA, I believe that it is appropriate for the HOA to take the lead in implementing the "fix." If the Board of Directors of the HOA bell eves that it has recourse to recover some or all of the cost:, for this "fix" from UWC or others, the appropriate measures an be taken in that regard at a later date. Again, as discussed at the Wednesday field meeting, the City would like to see the required corrective measures constructed in a timely manner. To that end, we discussed the desirability of this construction being undertaken within the next two weeks. Please notify me at your earliest convenience of the timeframe you have set for this work. Please note that I would like to discuss in more detail with those immediately responsible, the design of the water collection /conveyance system prior to the work starting. Also please be advised that a City Street Encroachment Permit will be required. The normal. fee for t::hi= permit will be waived. Please forward copies of this Letter to Mr. Valdez, Mr. Millhouse and Ms. Dolliver. If Lou or they should have any questions, please do not hesitate `c giv( me a call. S eel ,. Kenneth C. Gilbert Director of Public Works cc: Honorable City Council Steve Kueny, City Manager Dirk Lovett, Assistant Citrr 'ngineer I 0 AFCO PAC TF[( SYSTFMS, INC. P. O. 30 X 39 MOORPARK, CA 9:1020 (805)523 -1223 'AK 1'8 0 1) ) 5 23 - 0 ) 0: 3 ,,-)ctcber 28, Kenneth C. Gilbert, Director of Public Works City of Moorpark 799 Moorpark Avenue Moorpark, ("A 93021 Dear Mr. Gilbert; Exhibit '5' (I of 4) RECEIVEO Please note,-, 'Dn the letter )t '15, 1991, paragraph c3n the second page' !�,minn,.t--.d -j fi.111 line. ' Thi- WaS a tvrjol--7r error anci su]-)s t itutr' the e- n c I }fir 25, 1991 ---d CC)rrl�( '--tter f )1 -1- ( Sine rely. F C Y�-, t el ms cif i, )v .Brae W i n n r f,�r A�- t 11 "'na", have calls"t-t. CIO.; paj_jl Tel. fawr91s,-)1-1 jr. Bernardo M. P-reZ , May(- "Infitonmery, n - Counc,, 1 . - m t t� r Roy E. T�lley, .7r. 1- John F. lirk Lov—,t C- P n c lu s u r e Exhibit '5' (2 of 4) WILLOWS TI HOMEOWNERS ASSOCIATION C/O AFCO PAC IPIC SYSTEMS, INC. P. () ; t() X 39 MOORPARK CA 9:M20 (805)523-122N NAX (8k5)523-0503 October 25, 1991 Kenneth C. Gilbert Director of Public Works City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 RE; Standing water on Q - n.dewllk on the west side Mountain Meadow D r 5"twe-n Willow Forest Drive and Willow Spring Fr v- 9—Pas from the Mountain Meadows Tlementari 7 4--,, Dear Mr. Gilbert, Our Association and its rep r—mintiv-s have informed the City on a number of occasions V lhq erious situation which exists with respeon Drive to the aiv Id"=Ik on Mountain Meadows across 7hp ?7reet from 7 iitn -t Meadows Elementary School. To briefly summaripp that pr' cq m. T. 3. from an unknown source, is draining onto th- " *y dowalk and Pooling there. This Pooling which, has renuL—c 'he growth of organisms when combin"d with t0 Nor q0ke the sidewalk treacherously slippery. To 4' :east two nomeowners of our Association have slippe. fn 1 n, It is not a question of V. but seriously jnjqred only a qn- 1 F I when, PumWne will be cue to thly ton - ri In order to avoid having souw -r! notified tilt e ity and reque,!-. tnq ethical d1]ti-4 W maintain and protect the hoolth on! V rpnnivina nngotisf placed to Th- nur group VV '0�nh-- aftor Mary io 10-Y Member ,john w A-zpj9k. "A Ly injured we � t "If i I I its 109al and allhwlY ire this area Af ter n"mer""s of in- nut nnV, Utty connniJ pale 2, During our meeting you stag- unique t;) ',-ht' = idf-[:T.' l l— had developer �n _ther rG drainage ,_., + e r, by i.Trbq..n Wr ,at the base. i f t };r� �•`_li __ T -1':' water frc -)m .9r:y indeed, such a }ra in< tee not f,a.nct.i_ni.nK :r ^per: Exhibit 'S' (3 of 4) i. problem was not + t +'rf, the 5.n CAL r• � l�riFt�. 1 -d it is clYarly In light of the above factor" ',ae.r_F appalled by your letter of October 21, 1991, It is s �. f r, this letter you are more interested in � ;hiftine rr cc�T,.s F,:_ ity for the situation than remedying .-� very seric: r r° h;, -- Our Association came to the i situation so as to protect The water in the Homeowners A-, shut off for - Almost one monl,t accurmulating ,n the sidewali; the water is not oming fror-, Homeowners 1= T' ac knowle>t,eS ;e f 5r<�hes +,he ;ours g e of t.hr a..ter � use results' Th" _ , .�rer:�eri Ong reinforces yr)lar c vrnroer[T + -, }tat t}"1e ,•r7.'gt.� -r ince this affix b.1�,-rmr- t - c't Y ns s The bottom 1 i_rle r,f t }> is s it..:; which needs tf> be rernYdied seriously hurt It 1 your collectionjcor[v�- y;ar,c�e st; s•t,e„ , collect the t %rain:tsr :y.nti tr, -T, the !-trrFt.. ThisrrTflyd! °_,}lt' t} -.e, fall when it, w ini +,i.y this wall waa i.rr,prper �y or:� Wr �t Comrm.,ni joe not wig,,;. to rrq+.airc -.d re. t.rr . -t t.' wc-• w•;;_; :. Pity c.f Mc or'7D,,rx. =t T1 C; addrF.;�ecl s i(-,I F'wa V ',o )t, i fy them of the above [s of the community. a~ i ,r; planter has been ,ter still t h Indantly clear that rig -)n th,- :ind e l imina.t.e. t r1, positive zr truer further 16, 1991 meeting T riyw }1r -r,- rlr,rrove>r, , Y' 1,7 ,iir •'itte.mpt t,o r 1 }:::jt �. zro�lt�rn Fxist.s '-efr,re s'.)meone is that a rr -c' +c, t.r1;Ct.eCl to Y, antler the c idewall: t.o }:I it, . [1 int�r'L•�Ji)_t•: -t t.P( 1Ti T,o �' i 1' ��✓ y�;ur ,wr[ .�t].missloTl, , for des �gned by i ?than ?r�)an. We-, -, (�orr,rnunitirs f. f T .;?.ruc+into. the err, 1. thr [ ��r h d hc- Exhibit '5' (4 of 4) F it i I a v :Z� I 7F7 f" s " n T- , - ! 'r; - -; ta i n N, t-- a 0 c) r': Dr; err T _ + r 7 r 1r f t t V t r 3 o ✓n iz n rob .r(,", flat x i 1. f f Very truly yc)urs I A F C f-� Fa c i f it, sy - t c- m F, Inc. by Brad Winrlf-r for Board of 'Direc-torS Willow-. I I H c) rn F-- o w n e r -, A c- i i r C(I: Faul W. Lawr=,snn Jr, John E. Wc)--n ak. Cc) um r' Steve Kuenv, '�itv Dirk Lc,,ve t t , A i s t---� n v Eng,, ne--r Steve H C) wr I 1 1, e n e r a I 17 r b a n rT mi i ? r3 Board