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HomeMy WebLinkAboutAGENDA REPORT 1996 0619 CC REG ITEM 10FAGENDA REPORT C Z'I'Y OF MOORPARK TO: The Honorable City Council FROM: Kenneth C. Gilbert, Director of Public Works DATE: June 7, 1996 (CC Meeting: 6- 17 -96) SUBJECT: Consider Request for the City to Raise the Height of the South Perimeter Wall for the Property Located at 41 Flory Avenue [North Side of Los Angeles Avenue, West of Flory Avenue] 1. The City received a letter (Exhibit 1) dated January 27, 1996, from Mr. and Mrs. Miranda, the owners of the property located at 41 Flory Avenue, requesting that the City raise the height of the block wall along the south side of their property, which is adjacent to Los Angeles Avenue. 2. On April 3, 1996, this matter was discussed by the Transportation and Streets Committee (Councilmembers Hunter and Wozniak). The Committee concurred with the conclusions of staff that this matter was not the responsibility of the City. 3. On April 4, 1996, a letter (Exhibit 2) was sent to the Miranda denying their request and stating that they were welcomed to undertake any desired block wall modifications. 4. In mid -May, Councilmember Brown requested that this matter be referred back to the City Council Transportation and Streets Committee (Councilmembers Hunter and Brown). 5. On May 28, 1996, the Committee discussed this matter once more. Mr. and Mrs. Miranda were present. After discussion, the Committee recommended that this matter be referred to the City Council for consideration. DISCUSSION A. Existing Wall The current height of the subject block wall, as measured from the sidewalk on Los Angeles Avenue, ranges from 412" to 516 ". flry_w&l 000445 Flory Wall June 1996 Page 2 B. Le Club The sidewalk on the north side of Los Angeles Avenue between Moorpark Road and Flory Avenue, was constructed prior to 1989, by the developer of the Le Club apartment complex, which is located at the southeast corner of Los Angeles Avenue and Moorpark Avenue. Those improvements were constructed in accordance with the requirements of the Conditions of Approval for the Le Club Apartments (PD- 1010). Those conditions required the developer to construct an eight feet (81) sidewalk, curb /gutter and any pavement "pave -out" improvements required to provide full width street improvements on the north side of Los Angeles Avenue between Moorpark Avenue and Flory Avenue, consistent with Plate B -2A (Rev. E) of the City's Engineering Standards. A review of the Planning case file for this project made no mention of the existing block wall along the south side of the subject property. C. Request It is the position of Mr. and Mrs. Miranda that the subject block wall was of an adequate height prior to the construction of the sidewalk by Le Club. It is their position that subsequent to the construction of the sidewalk, the height of the block wall, as measured from the Los Angeles Avenue side of the wall, is now lower. The Mirandas have requested that the wall be raised to a height similar to the height of the walls recently constructed by the City at Shasta Avenue ( 8' high) and at Millard Street (10' high). D. Proposed Justification for City Action flry_vnl It is apparently the view of the Mirandas that the City should have required Le Club to increase the height of the subject block wall as a part of the sidewalk and street improvements the City required Le Club to construct along the south line of their property. It should be noted that there is no record of the Mirandas or any other party bringing this matter to the attention of the City during the review of the proposed Le Club project, nor during or immediately after the construction of same. Had the City received such a request, it may have been possible to amend the development requirements for this project to include the requested block wall modifications. The Le Club project has been completed for many years now. It is no longer possible for the City to make any such demand of the developer. In light of these events, it is apparently the view of the Mirandas that the City should now undertake unilateral action to modify the subject block wall. Flory Wall June 1996 Page 3 E. Conclusions 1. The City does not construct private property perimeter walls. Such walls are constructed by the property owner or the developer of the property. The exception to this rule would be a City public improvement project requiring the 'relocation of a block wall to accommodate the proposed improvement. Examples of such projects include the walls constructed on the north side of Los Angeles Avenue at Shasta Avenue and at Millard Street. 2. The sidewalk improvements adjacent to the subject block wall were constructed by the developer of the Le Club apartment complex. Those required improvements did not include any requirement that the subject block wall be modified. It is presumed that the Le Club project was approved by the City pursuant to a process which met all of the requirements of the law. 3. In the opinion of staff the City has no obligation to take unilateral action to construct the requested block wall modifications after the fact. F. Scope of Possible City Project Regardless of the above conclusions of staff, the City Council may wish to consider a City funded project to modify the subject block wall. If the City Council was to consider such an action, the scope of such a project would be, in part, be determined by the desired objectives. Listed below is a description for a number of alternative projects designed to accomplish a number of different objectives. Option 11: If the objective was to remove and replace the existing block wall with a wall which would be consistent with most of the other perimeter block walls throughout the City, the City Council could approve a project to remove and replace the existing block wall with a new six feet ( 6' ) high block wall. The estimated cost of this option is $3,500 [70 if x $50 /lf = $3,500]. Option 12: If the objective was to remove and replace the existing block wall with a wall which would be comparable to the block walls constructed at properties located at the intersection of Los Angeles Avenue and Shasta Avenue, the City Council could approve a project to remove and replace the existing block wall with a new eight feet (81) high block wall. The estimated cost of this option is $7,700 [70 if x $110 /lf = $7,700]. flry vnl 00 7� Flory Wall June 1996 Page 4 option 13: If the objective was to remove and replace the existing block wall with a wall which would be comparable to the block walls constructed on the north side of Los Angeles Avenue east of Millard Street, the City Council could approve a project to remove and replace the existing block wall with a new ten feet (101) high block wall. The estimated cost of this option is $10,500 [70 if x $150/lf = $10,500]. It is the recommendation of staff that the City Council deny the subject request. flry_wel 0 I66 January 27, 1996 ti ti ti Antonio and Linda Miranda 4852 Mira Sol Drive ti Moorpark, CA. 9301) ti Moorpark City Council 799 Moorpark Ave. Moorpark, CA. 93021 ti ti ti Dear Members of the City Council: ti I am the owner of property located at 41 Flory Avenue which is at the corner of Los Angeles Avenue. The City of Moorpark has installed sidewalks on the other side of the wall, facing Los Angeles Avenue. This has raised the street level and now my tenants are complaining that the ti noise has increased, the level of dust has increased, and trash is frequently thrown over the fence. ti This sidewalk has for practical purposes, brought the ti level of the wall to a lower level. This house has a pool ti and the increased amounts of trash and dust is also disturbing the recreational vale -te by dirtying the quality of water in the pool. ti We are hereby requesting that the City of Moorpark raise the wall to the level which they have recently constructed by the Shasta Avenue corners and the Walnut Acre tract facing Los Angeles Avenue. ti Thank you for your coo eration If h x� b A i p you s ou d have any ti questions, please call me at 529— c_►(-)46. O ,/ ti ti Sincerely, ti ti 3 \g% JP� t�� °Cps — RECEIVED -- I 1 1999 City of Moorpark April 4, 1996 MOORPARK 799 Moorpark Avenue Antonio and Linda Miranda 4852 Mira Sol Drive Moorpark, CA 93021 Moorpark, California 93021 re: Block Wall on the North Side of Los Angeles Avenue, Just West of Flory Avenue, for the Property Located at 41 Flory Avenue Dear Mr. and Mrs. Miranda, (% � 2) (805) 529 -6864 This is in response to your letter of January 27, 1996, requesting that the City raise the height of the subject block wall. Please excuse the delay in responding to your request. In that your letter was addressed to the City Council, the matter was referred to the City Council Transportation and Streets Committee for discussion. Your request was discussed by that Committee at a meeting held on April 3, 1996. The following response reflects the comments and conclusions reached by the Committee at that meeting, plus provides some additional background information for clarity. The sidewalk on the north side of Los Angeles Avenue between Moorpark Road and Flory Avenue, was constructed during or prior to 1989, by the developer of the property at the southeast corner of Los Angeles Avenue and Moorpark Avenue (Le Club). Those improvements were constructed in accordance with the requirements of the Conditions of Approval for that development and the Engineering Standards for the City in effect at that time. • The City does not construct private property perimeter walls. Such walls are constructed by the property owner or the developer of the property. The exception would be a City public improvement project requiring the relocation of a block wall to accommodate the proposed improvement. [Example: the walls constructed on the north side of Los Angeles Avenue at Shasta Avenue and at Millard Street.] For these reasons the Committee concurred with the recommendation of staff that your request be denied. This will serve to advise you of that recommendation. A copy of this letter will be provided to the City Council. 0 O PAUL W. LAWRASON JR. JOHN E. WOZNIAK PATRICK HUNTER BERNARDO M. PEREZ Mayor Mayor Pro Tem Councilmember Councilmember Block Wall at Los Angeles Avenue & Flory Avenue April 4, 1996 Page 2 2. J 2) The subject block wall is private property. It belongs to you. The expenditure of public funds to modify your wall would be inappropriate. However, you may undertake the efforts necessary to modify and /or remove and replace this block wall at your expense. In that regard, you are welcomed to contact the office of the City Engineer and /or Building Department at 529 -6864, Ext. 421, to obtain the requirements for the issuance of a permit to do this work. Be advised that it will also be necessary for you to obtain an encroachment permit from Caltrans. Their local office is in Ventura and may be reached by telephone at 650 -7179. If you should have any questions, please feel free me at City Hall at 529 -6864, Ext. 255. Although I of town and unavailable next week, I can be reached or after April 15th. Thank you again for your waiting for this response. S 'n 4el Kenneth Gilbert, Director of Public Works cc: The Honorable City Council Steven Kueny, City Manager Dirk Lovett, Assistant City wp \pw\f1ry_wa1 Engineer to contact will be out any time on patience in 000431,