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HomeMy WebLinkAbout1970-04-15; City Council; 124; Birch Street westerly of Sunnyhill Drive~ THE CITY OF CARLSBAD,CALIF' ORNIA Agenda Bill Wo. / 4\, */Date: April 15. I97Q Referred To: Subject: Birch Street westerly of Sunnyhill Drive Submitted By: City Manager Statement of the Matter Requests have been received from Dr. Steiger and Donald Briggs, Jr. who live adjoining the subject street, to eliminate a canyon, beginning within the street and running westerly across the private property owned by Mr. Briggs. The City staff has initiated action to eliminate any hazard to the public from the canyon within the public right-of-way. The City Attorney has advised us that the City has no responsibility beyond the limits of the right-of-way. Therefore, any work on private property must be done by the appropriate owner; the major portion of the work will be the responsibility of Mr. Briggs. The location of the work to be done by the. City is shown on the attached Exhibit "A". Exhibit Exhibit "A" (sketch) Exhibit "B" - letter dated December 9, 1969 from Dr. Steiger. Exhibit "C" - Minutes of December 16, 1969 Council Meeting. Staff Recommendations Information only, no Council action required. c o AB No. 124 Date: April 15, 1970 City Manager's Recommendation Council Action 4-21-70 Staff recommendations and report accepted by Council. Staff instructed to send letter of c-eapl anatfon ' to Dr. Steiger. Agenda Bill #124 adopted. -2- OR. OOWir OP CITY- v TO fcfc ' ), DOWAID December 9, 1969 The City Council Carlsbad, California Dear Gentlemen: I am a new resident of Carlsbad, having moved into a new home at 4099 Sunnyhill in June. I am writing to you in regard to the large ditch next to my home, beginning at the end of Birch Street and extending several hundred yards west of Sunnyhill. Two weeks ago I climbed to the bottom of the ditch to carry out a two year old boy who had fallen In. Fortunately, he fell at a place where the side sloped enough such that he rolled down and was not seriously injured. There are several areas along the ditch that are a vertical drop of Elose to twenty feet. If he had fallen at one of these spots, he would have certainly been very seriously injured. Admittedly, children should not be playing near the area but they seem to find it irresistible. It is only a matter of time before someone will be badly injured. Older children regularly ride bicycles and motorcycles very close to the edge. At the time that I arranged to build a house on my lot, I was told that the City planned to extend a street next to it. I assumed that the ditch, was a ru; ^aral one and had been there for many years. I was ver-v ax,.., ^ur^ea to recently discover that this very large ditch has developed in less than five years as a result of the drainage resulting from the arrangement of the streets. My neighbors tell me that it is much larger than it was two years ago. At this rate of enlargement, my fence will be in danger in a year, and my house will be In danger within a few years. I hope that the city will consider this ditch an urgent matter. Sincerely, Ki d_j^^ — ^ Barry W. Steiger, M.D. .. -6.4 O .December 16, 1969. [73] 11 . 12. The staff was instructed by the Mayor to pre- pare letters of appreciation for his signature be sent to both donors Communications - For Referral: 1. A letter from' Barry -W. Steiger, M. 'D. •'• was received regarding dangers to children due to the large ditch located at the end of Birch Street extending West of Sunnyhill Drive. The City Engineer reported that'he had inve'sti- gated the situation .and pointed out that the di tch is a natural ->';'.-vt'he drainage itura.l .'drainage course and.. ;that . '_ '•p'rob T em exi s ted on : pfi V'at'e p'ro'p'ert The Staff was instructed to send let.ter explanation to Dr. Steiger. - ^, of of2. -Diving Permit. Mr. Daniel Gray • Oceans i de"reques ted a ;'di virig • pe'rmi t' to recover wreckage and cargo from sunken ship believed 'to be off the' coast of Carlsbad. The matter" /was .referred to the "City. Attorney .for. pre- .;.. parati'on of an agreement to be' presented "to the Council at the next meet ing. OLD BUSINESS: . [67] (a)- Recodification of Municipal Code: Cmn.. Neiswender and the City Attorney reported that a meeting with a representative from the Book . ' -; Pub! i s,hi ng Co .• was scheduled for December 23, 1969 and a report will be made by the City Attorney at the next meeting. ADDITIONAL BUSINESS A. Oral Reports: [30] 1. fir. Richard Young, represent!" ng.'West Coast National Bank, requested permission to.con- struct a 4 foot overhang on the building located at the corner of stated that the overhang was vide protection from the sun Jefferson and Elm'. He designed to pro- and >"or the people entering the building from Elm Avenue. * After discussion, permission was granted to * « proceed with the overhang as- requested. [90]' 2. Buena Vista Lagoon Flood Control. Mr. William Atkinson, Army-'iavy Academy, 2nd Mr. Henry Tunnel!, property owner, submitted a request to the City to financially partici- pate with the City of Oceanside and the Nature Conservancy in the conservancy in the con- struction of a flood control weir. Mr. ' ' Atkinson stated that the Army-Navy- Academy Moti on Ayes