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HomeMy WebLinkAbout1971-09-21; City Council; 386-1; Curb and Gutter - Buena Vista, .- ~ * -.. /cz - 1 CITY F CARLSBAD, C A L I F'O R N Z fi . .. 1 it -L @ Date: September 21, 1971 Referred To: Submi t ted By: Subject: Curb and Gutter, Buena Vista Ave. - Citizen Hunter T. Cook Participation Project Statement of the Matter Contract #lo05 for the paving of Knowles Ave. and Buena Vista Ave. has been essentially completed. owner cooperative project in accordance with existing Council policy. (If the property owners install curb and gutter, the City performs street work.) I This contract was initiated as a City/property All property owners within €he project area have installed the required curb and gutter except one owner at the northwest corner of Buena Vista and Tuttle. this one remaining owner to voluntarily participate were unsuccessful. In order to salvage the project, the contract proceeded without him. Numerous attempts by the Engineering Department to convince Other property owners in the vicinity are concerned over the effect the lack of curb and gutter has on the area in general, Twenty-two property owners on Buena Vista Ave. and Tuttle Ave. have submitted a petition re- questing that the City Council take action to require the one remaining property owner to install ,curb and gutter. The petition is attached as . Exhibit "A". Under Chapter 27 of the 1911 Act, the City Council can require the in- stallation of the remaining curb and gutter,'if it deems that it is necessary. Under this procedure, the'property owner is given an oppor- tunity to construct the improvements, 60 days, the City,has .d the work done at the property owner's expense. As the petitioners.point out, many of them participated in the project under considerable financial har,dship. In our opinion, their request - . is reasonable. ' If they are not constructed within - Exh ib i t A) B) . properky o C) Resolution Petition requesting'use of Chapter 27 of the 1911 Act on a portion of Buena Vista and Tuttld Aves. Sketch showing limits of curb and gutter installed and location of - a L s submitting the petition. -, instructing'the Superintedent of Streets to order curb and gutter. -_ . Staff Recommendation If the Council desires: b Adopt Resolutionm I -- AB NO. City Manager's Recommendation Date: September 21, 1971 .. Council Action The matter was continued pending further negotiations with 9-21-71 the property owner's attorney. 10-5-71 The City Engineer reported that property owner has agreed to to voluntary participation in the installation of curb and gutters. He ilXgt4 requested the matter be continued to October 19. 3-21-72 -Following a progress report presented by the City Planner, it was agreed that this matter be continued to April 4, 1972, as recommend-ed by the City Planner. Following a report from the City Engineer that the one remaining property owner on Buena Vista Ave. had entered into a contract to have curb and gutter installed in front of his property, Resolution #1902 was adopted, instructing the Superintendent of Streets to 4-4-72 * order the construction of curb and gutter. -2- August 5, 1971 Honor ab 1 e Mayor Dunne and Members of the City Council City of Carlsbad 1200 East Elm Avenue Carlsbad, California 92008 SUBJECT: Curb and Gutter, Buena Vista Avenue Citizen Participation Project Gentlemen : The undersigned property owners along Buena Vista Avenue and Tuttle Street have recently participated with the City in an upgrading of our street. For many of us, this has been financially difficult. We have participated, nevertheless, under the belief that the improvements were needed and that our area would benefit thereby. We realize that it was our participation that enabled the project to proceed and was the basis upon which the City provided public funds to do the major por- tion of the work. All curb and gutter has been voluntarily installed, except for one lot at the northwest corner of Buena Vista Avenue and Tuttle Street. This is an eyesore in a neighborhood we are proud of. we realize and appreciate the efforts which the Engineering Department has made in attempting to obtain voluntary participation of the property owner. The reason given by the property owner for non-participa- tion is financial. we cannot agree that his problems exceed those of some of the other twenty-one property owners on Buena Vista Avenue and Tuttle Street who have willingly participated . We, the undersigned, therefore petition the City Council to utilize Chapter 27 of the 1911 Act or such other means EXHIBIT A August 5, 1971 Honorable Mayor and City Council Page Two at their disposal to require the installation of curb and gutter by the one remaining property owner. - NAME ADDRESS f ! 1 oc Q ,- 51 I l I GUTTER. WHEREAS, the City has completed Contract #1005, for the im- -P .g, -.. '1 'I 10 I WHEREAS, fifteen owners of participating lots within the 11, 12i limits of the project have petitione4 the City Council to require the installation of curb and gutter in front of the one remaining 13,j 1, lot, 14 !* 1 WHEREAS, Section 5875 of the Streets and Highways Code, also ;i !; 15li known as Chapter 27 of the 1911 Aci-, authorizes the City Council 16 11 to require the construction of improvements along the frontage .- . . ll 1'7 ,I of ur,improvsd properties, 18 1' 19 /j I 2011 Superintendent of Streets, to notify the owners or persons in 211' possession of all properties within the limits of City Contract 22/ 23 theretofore, to construct or cause to be constructed, curb and 24' gutter in front of said property. I NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: That the City Council hereby instructs the City Engineer, a5 I #lo05 in front of which no curbs and gutters have been constructed 25 I' PASSED, APPROVED AND ADOPTED at a regular meeting of the 26, City Council held April 4 , 1972, by the following 27 vote, to wit: 28 I, AYES : 'Cmn. Dunne, ClcCornas, Jardine, Castro and Lewis. l1 NOES : rione. 29 i/ ABSENT: None. 11 I 30 /j ,T.7 ,'.