HomeMy WebLinkAbout1973-07-03; City Council; 2074; Buena Vista Circle drainage problems, /iH^CITY OF CARLSBAD, CALI^JR^IA
•Agenda Bill No. frff*/*/* ^ * Date July 3, 1973
Referred To:
Subject:Submitted By:
Buena Vista Circle - drainage problem Public Works Director
Statement of the Matter
See attached report.
Exhibit
A
f
Staff Recommendations
tfo. ^ • . Da£e;"*r July 3, 1973
City Manager's Recommendation .-".:•'
This problem clearly points out two failures of public policy:
1) .Failure of the C-ounty of" "Sari Diego to have an adequate subdivision
" ordinance at the time Buena Vista Circle was developed. .
• ~ • - »
2) Failure of the'city of Carlsbad to have.a public improvements-
ordinance at the time the adjoining property was developed.
"* * -
The Public Works Director'-s report wil'l point" out possible technical/
solutions to the problem. I am unable to comment-on specific possible-
solutions as the report wil-1 fo'llow this agenda bill. However, this
problem and others- that will follow should-point out the urgent
necessHy for a public improvements ordinance as recommended some two
years ago and so vigorously opposed by'development interests.
Without such an ordinance, which is- nearly universal in Cal ifor.nia ^
cities, Carlsbad will either create unnecessary problems for. axrstmg
areas and their residents or create a needless burden on the taxpayer.
Funds so desperately needed for fire station.?, parks, road improvements,
etc. should not be diverted to resolve problems created 6y development
of-vacant property which are .properly part of the cost -of developing ..
"'the property. .•
Council 'Action . * •. .. ' •
7-3-73 T.he City M-anager was directed ±o contact arid discuss the situation
'with the owners of -the Townhouse Apartments", and- inform the owners
of the Council's position . that t'he Council feels' tftai the drainage
from hisobuf Iding isacaadihg anr unnatural gathering of "water and :;
request that the correction be made .at the .owners expense, in accord-
ance with City plans, through an easement/provided by the'residents:.
o
Buena Vista Circle
Carlsbad, California 92008
24 June 73
Mayor David M Dunne, Vice Mayor 2'IcComas and Councilmen of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
Gentlemen: Ra; Protest Petition dated 14 May and filed 21 Hay 73
WS, the residents of Buena Vista Circle, an established community of 18 lots with
only lif- lots improved since 19^8 respectfully request CUR elected-officials to pro-
tect our zonal rights from intrusion andtrespass. We like to feel that Our elected
officials represent Our interests as a part of the City of Carlsbad with concern
ana understanding relative to the best practical methods to correct the imposed
drainage problem caused by erection of the 50 family Jefferson Street Townhouse apart-
ments WITHOUT COST TO THE BVC RESIDENTS. Many of our residents are in their 70s and
80s in need of peaceful retirement without distressing violations. A 6' i-tire fence
surrounds the BVC area extending from shore to shore on the lagoon setting it ,uy.L;:. (.
as an R-l-10,000* zoned area,apart from the contiguous R-3 properties. It partially
protects, .as a buffer, the wildlife sanctuary recently acquired by the State of
California to be supervised by the Fish & Game Commission.
In 1972 the Circle residents became alarmed due to the extensive man-made changes
in the topography of the lot being prepared for 50 family townhouse apts fronting on
Jefferson Street in an R-3 /.one, and, later, the complete blacktopping of the area
conveying the pollute-d run-(Sff into an open catch basin into an open ditch to an ease-
ment over 500* distant between lots 3 and ^ thence into the lagoon. The blacktopping
adversely changed normal evaporation and seepage into the R-3 lot soil; instead, the
drainage has been conveyed through 4-converging pipes to a central point in the R-l '
Circle IN DIRECT VIOLATION OF ZONING PRINCIPLES.
This work was performed without consideration for or consultation with the residents
of BVC, as though we had no voice in the matter and"had better take it and like it".
Our voice is NOW raised in protest for prompt relief at NO COST to the BVC residents
who did NOTHING to -create the situation and*received absolutely NO BENEFIT. We direct
our VOICE to the City Fathers to PROTECT our R-l zoned residential rights and remove
the abomination and blight from Our Circle.
The residents are of the firm opinion that the R-3 lot fronting on Jefferson Street
should have been properly connected to the Jefferson Street sewer line, as present-
ly, car washes, drains, sprinklers cause abnormal polluted daily run-off into/super-
saturated open ditch creating extensive insect breeding-ground in Our R-l area, which
will become aggravated as the summer heat daily reaches 90 and 100 degree heat.
This is not a simple case of storm drain from a higher level; instead, it is a daily
accumulation of made-made poltaterl wash water through man-'made • directed drains into
open ditchesto run wherever the water can find a low spot to collect and dilute by
evaporation resulting in odors and unhealthy living conditions.involving private pro-
perty.
The apartment area has been sealed from all possible normal absorption, seepage and
evaporation by.'»._•-. BLACKTOPPING.
This is NOT just a case of curbs and gutters under the 1911 Act. It is an intrusion
by permitted trespass through a city owned parcel of land, which, lies within the
BVC separated by a perimeter wire fence and hedge separating this parcel from the
Jefferson Street lot. Apparently, the City of Carlsbad permitted the storm sewer con-
nection to be made in violation of established codes. This is a case of deliberate
alteration of the topography by heavy earth moving machinery changing the' grade and
earth to accommodate 2 _ 25 family apartments joined by gigantic cross-piatforms.
Ironically, the parcel of land on which the drainage basin has been dug is a definite
part of the original BVC tract in 19^8, and, rightly, should serve the best interests
of the Circle residents. See Map 2*4-92. The treatment of drainage in this specific in-
stance is contrary to sanitary standards within iacprporated cities, especially in
this Year 1973.
We anticipate that Our City Fathers will correct this engineering nonstroeity by plac-
ing this subject drainage UNDERGROUND using proper methods and techniques AT NO COST
TO THE CIRCLE RESIDENTS, who in no manner contributed to or benefited from this highly-
irregular installation *
(Over)
c
Candidly, it is difficult for the affected residents to UNDERSTAND WB£ this in-
stallation was panaifcted ay accredited'engineers using primitive methoas employed
in rural areas.
It is our right 'to know when departures from the norm ars contemplated, which affect'
adjoining property owners to learn their reactions; thereby,, clarifying the issues
to avoid costly corrective actions.
Communication and civic courtesy to taxpayers is essential to promote civic coopera-
tion. It is our hope to always be found cooperative, when justified, through the
dissemination of comprehensive information prior to the execution of an irregular
plan or act. The BVC residents have not had proper knowledge by proper authorities
in this specific instance.
Wo place confidence in our electedileadsrs to hand down a just decision and amicably
close this unpleasant and depreciating matter, which has weighed heavily on our minds,
in the hope of successfully solving the unsavory problem.
Most siaeapely fo# the GOOD OF OUR FAIR CITY
Gilbert Lee Southwell
Resident of Buena Vista Circle
Resident of Buena Vista Circle End of Trail
?3 On this date at 0800 hours, a clear sunny morning, polluted drainage showing in-
sect life, was seeping into the ground on privately owned Lot ?fo. 18 in front of
2^11 BVC.
A 9* wide flow of drainage was observed in front of 2390 BVC at the mailbox and
beyond. Standing water was across the Circle approximately 5 inches deep. Green
slime was evident and many insects were active on the water. Drainage was backed-up
to the Ball property to the East of the apartment " site . The Ball property showed
marked seepage through the apartment wood and cement block-- fences. Considerable drain-
age was evident in the rear yard of Lot Mo. 10 owned by Mrs Archbold seriously inter-
ferring with her garden due to super<-saturation;from apartment installation.
The drainage, obviously, is more aggravated in the early morning.
PSS It should be noted that barbed wira, ILLEGAL within corporate city limits,
has bean used to repair the original 6' wire fence creating a personal injury haz- .
ard. The original j>* fence was to have remained intact, permanently, as was the .
hedge, which shielded the fence from view. Both should be replaced, as originally
installed for safety and zoaal purposes. ' •
It is our confirmed opinion that "someone" made a costly ill-advised raistaka and NOW
let that "someone''^ honorably, come forward and correct the -grievous error, '.-Which.' .has
caused tha residents much consternation. Based on the fact that WE wars informed bye tbe
Engineer's Office many months ago that WHEM the street was opened the storm sewer
would be connected underground. At another time a City Official stated after inspecting
the installed open ditch drainage, "You have my sympathy 100$ and have some things in
mind." Everyone, who has viewed the drainage across from Lot No.. 7 has indicated amaze
meat and voiced disapproval, that such a connection would pass inspection in this day
and, age. Another official stated, If this drainage is an acceptable installation with-
in City Standards, then "I am disillusioned". We are endeavoring to be open and candid
with Our City Officials in an effort to settle this matter in & wholly amicable atmos-
phere. '-This information at this 'time should serve the best interests of ths City and
should be helpful in solving this complex problem of responsibility in the best inter-
ests of the resident-taxpayers.
We, the BVC residents, do not wish to embarrass the City; however, let it be known, WE
insist that CUR RIGHTS 33 HONORED AND PROTECTED. PLEASE THEMK - PRGFGUMDLY.
o
The 1-iayer, Vice Mayer, Councilman,
^ City Manager, City Engineer and,
) other Officials
,\ 1200 Bin Avenue .
/;,>^ Carlsbad, California -92008
, ^'\ Gentlemeni
'*.>l)>t This is to inform you that as residents from a former, private,
select f residential, community that you are destroying a fine
community and irritating- residents «fca want to do all we can
to keep this area a. fine selecfc eorataffiifcyv You also are
bringing into oar conmanity, pollution, and a disease infected
spot, by not doing something about the large pipes tfcat drain
dirty water into our street, Buena Vista Circle, which should
not be. It isn't our fault because someone, in building that
apartment didn't use theix head and put the pipes where they
shouLeba't be-- *4ioever. heard of, potting, pipes ^above- the
graan£-abor«-'tliay «xil&-ast.0n2f Ip&raewsr, faofe, to drain their
sewage1 onto otar streetil "linere they should be is underground!
I can't for the life of me understand just how your City &ngi-
neers passed that inspect ion.' You certainly raust have a re-
tarded group of Cii^r Engineers to allow this to pass* To me,
it is illegal and should be tonr ap immediately and put right I
1*8 are people who caretwhereyand how we-live - even if you
don'ti You all want to be paid in good money and yet you :p.ve
us counterfeit worfaanship so, why shouldn't we pay* our taxes
in counterfeit money?! You wouldn't accept that, but, you
think we should accept counterfeit work. When we pay out 5000
money, we should-—~4- receive exactly the same in workmanship.
I am referring to the large apartment about two doors across
the street from us. -4ie water drains out onto the street, and
lays there to create mosquitoes that will bring infection.
Host of the residmts on this Circle are elderly people who
have enjoyed living here, but, can't say the same for it now,
You bring all these apartments in here in a residential area,
and we have to put up with it. You knowy we r.ay taxes tool
Another thing, they pit "only a"chickeh wire fence across the
back of the apartment, that--separates the apartment from our
}i street whereas we understood there was to be a cement block
wall. The chicken wire fence is no good - the boys and girls
climb over it, bending it to pieces, bringing all the children
onto our area. They should be made tic keep inside of Ithe
apartment grounds, -^d, by putting a cement block wall there,
th<y would be. I don't see why we hav-e to be put under all
this stress and ctrain from something that wasn't our faultU
• i - 'f ' >' 1 thought we hired Engineers, Officials and a Idayor to super-
" vice,and see that a city is run properly. If you don1t dp
your job rijiht, then, you are going to have a lot of \js ople
leaving your city, so that the kind of^ people rcu want, will
r ' ) live here ar.d be satisfied with your'slip-shod kird of manage-
'} r.isr-t" W certainly dorJt.
Cordially,
2361 Buena Vista Circle '</^,VL'y^A» .
Carlsbad, California 92008 :ir. t; iirc.
MEMORANDUM
June 29, 1973
TO: City Manager
FROM: City Engineer
SUBJECT: Buena Vista Circle Drainage Complaints
Several letters, and a petition from residents of Buena Vista
Circle, have been received by the City complaining about the
Jefferson Townhouse Apartment complex (more specifically the
recently installed on site drainage system and the adequacy,
or inadequacy, of a fence between the complex and the right of
way of Buena Vista Circle (see enclosures 1).
While it is apparent that these residents may wish to discuss
fencing at the Council meeting of July 3, 1973, this memorandum
will be devoted to the drainage complaint.
The Jefferson Townhouse apartment complex was constructed under
authority of building and grading permits issued by the Building
Department in February, 1972.
An inspection of the grading plan (and verified by the City's
contour maps- see enclosure #2} shows that, prior to grading,
the property sloped from Jefferson Street westerly to Buena Vista
Circle at about a 3% grade. (The drop in elevation from Jefferson
Street to Buena Vista Circle is 15 feet i)
The drainage system that was approved included on-site catch
basins and drain pipe which collected roof drains, parking lot
runoff and other surface runoff. This system was designed as an
on-site underground system which "daylights" into the public
right of way. This type of system is considered standard engineer-
ing practice, not only in Carlsbad but also in most other Cities.
This is a case of water running downhill.
The property upstream was improved and water was deposited in
the public street. This is not unusual and certainly preferable
to depositing the flow on private property such as occurs on many
of the hillside lots throughout the City (Seacrest, Carlsbad
Highlands, Highland Drive etc.).
It is our opinion that the outlet system installed is an adequate
substitute for the standard curb outlet D-9 (see enclosure), which
would have been required had there been existing curb, gutter, and
sidewalk on Buena Vista Circle, (see attached) We also feel that
under our existing City ordinances, there i s no way to require
off-site improvements (or even on-site frontage improvements)
unless the project is a subdivision.
There ? s a nuisance problem with the drainage on Buena Vista Circle
Memo
To City Manager
Re: Buena Vista Drainage
Page 2
but that street is not unique. Our Street Superintendent
estimates that 90% of theCity streets that do not have curb
and gutter have major and minor drainage problems. Enclosure
k is a map showing some of these areas.
A similar situation which is handled by local residents is on
the low side of Spanish Village constructed in late 1969 by
the Bee Cee Company. Drainage from the upper lands is conveyed
through an open ditch of minimal slope to the street. The
ditch requires periodic cleaning. This is handled by the
homeowners.
A rough estimate indicates that if the City were to take on the
task of eliminating all these problems it would cost in excess
of $1,000,000.
While some Cities have been able to finance construction of
major drainage improvements through General Obligation Bonds,
the most common way to finance is through Assessment Districts.
With regard to the drainage problem on Buena Vista Circle, severa
courses of action could be taken:
1) An Assessment District could be formed whereby the benefiting
properties would be charged for their fair share of the cost
of a drainage system (or curb and gutter and sidewalk or?)
2) The existing roadside ditch could be graded downstream (a
corrugated metal pipe would be required across the roadway)
until the ditch 1ldayl i ghts". Cost of this is about $1,500.
3) A storm drain could be installed from the existing ponding
area northwesterly to the lagoon. This would require a 12'
wide drainage easement, a Coastal Commission Permit and about
$3,000 - $3,500.
It is my recommendation that the City not become involved in
solving problems which are local in nature. If, however, it is
the Council's desire to assist with local situations, then a
formal Council Policy should be adopted outlining the extent to
which the Council wishes to participate and sufficient funds
should be budgeted to allow correction of a significant portion
of the existing drainage problems.
HUNTER T.
by
Tim Flanagan
Pri ncipal Civil
HTC/TCF/mac
Encl: 1) Petition and other correspondence
2) Contour map
3) Standard Drawing D-9
M Map Typical Drainage Areas
17 ;-i*y 73
Mayor Dime, Council-nen, City K-'umror, City
1200 h,lr, /.venue, Carlsbnd, California 9200°,
Ler,i-;rt: Attn: Mr H-i.-iter T Cook
and O
In response to your letter 1'4 Hay 73» I aonrecinte your evidenced concern dur-
ing your recent on-site-inspoctiori of the inadequacy of the drainage system into
the Circle from the 50 Jefferson St Townhouse Ao.trtments.
Your letter deserves a candid answer to got the matter off dead-center and pro-
ceed to earliest correction hy proper methods, as discussed with yourself and
Mr Soano at various times.
The proper solution to the Jefferson development run-off and most.agreeable to
the Circle residents is to install an underground ^system leading unpolluted
drainage to the lagoon by the shortest course at (no cost to the resident^ who
in no manner created or contributed to the daily drainage probleini~^is"the drain-
age flows from R-3 zoned Jefferson Street area over an expansive blacktopped
pavement conveyed through converging pipes into the Circle. This crude unsani-
tary system disposes of drain water caused by rainfall, car washes, sprinklers
and other excesses resulting in standing water DAILY to the lagoon outlet over
500' distant between lots 3 and ^.
Beuna Vista Circle is an established community zoned R-l-10,000' consisting of
Ifc families with planned ditches to handle NOT MORE THAU 18 families; therefore,
the added 50 families from Jefferson Street zoned R-3, obviously, is an imposition
NOT acceptable to the Circle property owners.
The 50 apartments were built on re-graded land changing the natural drainage by
altering the topography and aggravated by laying blacktop over the area prevent-
ing normal seepage and absorption plus evaporation thus accelerating the run-off
into an open cesspool, presently, green with slim conducive to breeding insects
such as gnats and mosquitoes making life out-of-doors unbearable as well as un-
healthy. This is not the accepted way to convey polluted drainage in this modern
era of 1973.
The Circle residents ask the City Officials and the Builders of the Jefferson St
Apartments, "How would you like this unsightly, primitive, muck-producing cesspool
in front of your residences?"
May we anticipate earliest positive correction placing the drainage from the 50
apartments UNDERGROlMD,where it belongs,based on nodern engineering methods in
incorporated residential areas.
ed
The Circle, literally, has been surround/by Jefferson Street and Laguna Drive
apartments and WE HAVE NOT OBJECTED, despite intrusions, litter, garbage, eggs
etc thrown onto our properties by tenants, and, candidly, we have not objected
to modern day progress in providing housing for paople, BUT wo do object to their
drainage being conveyed into and through our R-l-10,001 ditches, which we wish
to retain for , draining OUR PROPERTIES, as originally designed and approved 6/14/48
according to Plan^A Profile Roads, County of San Diego, Buena Vista Gardens, Carlsbad,
California. Reference; See Protest Petition signed by BVC residents dated 5/1^/73*
The Mayor, Council etal are invited to inspect
BVC for firsthand evaluation.
GLS/gs
Enclosure #1 (a)
,
-9* / //
x^
^^^^Cr^^l^A
•••^^>.
Enclosure #1 (b)
May 23, 1973
Ms. Paxley
2UOO Puena Vista Circle
Carlsbad, CA 92008
Subject: Runoff from Apartment House
Dear Ms. Baxley:
Your Better of May 16 to Mayor Dunne has been referred to me
for comment. We are presently working with the developer of
the apartment house complex to see what can be done to relieve
the runoff problem. I wlU keep you posted on our progress.*
If you have any additional questions, please feel free to
ca11 me.
Very truly yours,
"ORIGINAL SIGNED BIT
HUNTER T. COOK"
HUNTER T. COOK
Public Works Director
HTC/mac • ,
Enclosure #1 (c)
MRS. HARRY ARCHBOLD
2390 Buena Vista Circle
Carlsbad, Calif. 92008 -x
Fj^^^f--^'—
_ . . l^^O^v——*-^Yi^f^r- *>~-~
. .. ln.
nt comr <-.- h.
W ^e li^i^^Hf^^^cir^ical cnaractoxi-^c- o street). .
to the develop
A .ci^JU ^-(di-*
"J^^^tf-Lr M^
Enclosure.#1 (d)
c
> ARCHBOLD
Star Pine Cottage2390 Buena Vina CkcU
cariibad, Calif. 92001
c 3uuna Vista Circle
Carlsbad, California 92008
29 May 73
Mayor Dunne, Vice Mayor McComas, City Engineer Cook
1200 Elm /.venue
Carlsbad, California 92008
Gentlemen:
Supplementing the 1*4- May 73 protest oetition signed by 21 bona fide residents
of Buena Vista Circlerequest action taken to implement recommended underground
solution, as the ooen ditch is daily draining water from the 50 apartments R-3
area into this R-l-10,000 area contrary to acceptable provisions.
This date water was visibly flowing over 500' from the 50 Jefferson Street Town-
house Apts saturating public and private property creating insect breeding
muck in 75 degree heat.
It may be possible through negotiation to change a surface access sidewalk 7*
easement, presently serving WO PURPOSE, to an underground 7* easement to convey
storm water from the apartments underground across the street direct to the lagoon
via the shortest route. This change, I believe, can be accomplished and I offer
my services in obtaining permission from the property owners of Lots 6 and 7»
Map 2^92. This possible solution has been discussed with Mr Joe Spano about a
week ago. A direct drain would be the plausible solution.
2nd Subject: Specific attention is directed to the 6* rear property line fence
between the apts and the public property AGAIN has been reduced to 4' by bending
the corner allowing access to the Circle PLUS the fact that the installed barbed wire
is ILLEGAL and presents a personal injury hazard. This fence requires profession-
al workmanship with a rigid supporting top rail and cross-bracing to permanently
strengthen the fence.
Earliest relief is necessary, as this inadequate storm drain was installed over
four months ago at which time it was determined to be unsatisfactory to the resid-
ents of this established residential community; furthermore, it has become com-
mon knowledge that this mediocre installation has not been officially approved.
Request acknowledgment
Your
RECEIVED
JUN - 1.1973
CITY OF CARLSBAD
Engineering Department
G L Southwell
Enclosure #1 (e)
^>rjj»-
"~S
2U.11 Buerxa Vista Circle
Carlsbad, California 92003
24 June ?3
Mayor David M Dunne., Vies Mayor KcConias and Councilman of CarH-sbad
1200 5,l:?i Avenue
Cirlsbad, Ciilifornia 92003
Gentlemen: Re; Protest Petition dated 1^ May and filed 21 May 73
WE, the residents of Buena Vista: Circle, an established cGrur.urd.ty of 18 lots with
only l^r lots improved since 194-3 respectfully request OUR electad-officials to pro-
tect our zonal rights iron intrusion aaatraspass* >/e like to feel that Our elected
officials represent Our interests as a part of the City of Carlsbad with concern
and understanding relative to the best practical methods to correct tha imposed
drainage problem, caused by erection of the 50 family Jefferson Street Townhouse apart-
ments WITHOUT COST TO TEE 3VC RESIDENTS. Many of our residents are in their 70s and
80s in need of peaceful retirement without distressing violations, A 6* wire fence
surrounds the B7C area extending from shore to-shore on the lagoon setting it ,;:>•--::. t-
as an R-l-10,000* zoned area,apart frora the contiguous R-3 properties. It partially
protects, .as a. buffer, the wildlife sanctuary recently acquired by the State of
California to be supervised by the Fish & Game Commission.
In 1972 the Circle residents became alarmed due to the extensive man-made changes
in the topography of the lot being prepared for 50 family townhousa apts fronting on
Jefferson Street in an R-3 zone, and, later, tha complete blacktopping of the area
conveying the polluted run-off into an ot>en catch basin into an open ditch to an ease-
ment over 500* distant between lots 1 and 4 thence into the lagoon. Tha -blacktopping
adversely changed normal evaporation and seepage into the R-3 lot soil; instead, the
drainage has been conveyed through 4 converging pipes to a central point in tha R-l ' -
Circle IN DIR3CT VIOLATION OF ZONING PRINCIPLES.
This work was performed without consideration for or consultation with the residents
of BVC, as though we had no voice in the matter anoV'had better take it and like it".
Our voice is KQW raised in protest for prompt relief at 50 COST to the BVC residents
who did NOTHING to 'create the situation and received absolutely l-IQ BSi'iSFIT. >fe direct
our VOICE to tha City Fathers to PROTECT our R-l aoned residential rights and remove
the abomination and blight from Our Circle,
The residents are of the firm opinion that tha R-3 lot fronting on Jeffarson Street
should have been properly connected to the Jefferson Street sewer line, as pgesent-
ly,car washes, drains, sprinklers cause abnormal polluted daily run-off into/super-
saturated open ditch creating extensive insect breeding-ground in Cur R-l area, which
will become aggravated as the summer heat daily reaches 90 and 100 degree heat.
This is not a. simple case of storm drain from a higher level; instead, it" is a daily
accumulation of made-made pollster! wash water through man-made • directed drains into
open ditchesto run wherever the water can find a low spot to collect and dilute by
evaporation resulting in odors and unhealthy living conditions^involving private pro-
perty.
The apartment area has been sealed from all possible normal absorption, seepage and
evaporation by»*v»BLACKTO??ING,
This is MOT just a case of curbs and gutters under the 1911 Act. It is an intrusion
by permitted trespass through a city owned parcel of land, which, lies within the
SVC separated by a perimeter wire fence and hedge separating this parcel from the
Jefferson Street lot. Apparently, the City of Carlsbad 'oermitt-ed the storm sewer con-
nection to ba made in violation of established codes. This is a case of deliberate
alteration of the topography by heavy earth moving machinery changing the' grade and
earth to accommodate 2. - 25 family apartments joined by gigantic cross-platforms.
Ironically, the parcel of land on which the drainage basin has been dug is a definite
part of the original BVC tract in 19*^3, and, rightly, should serve the best interests
of the Circle residents. See Map 2-1-92. The treatment of drainage in this specific in-
stance is contrary to sanitary standards within incarcerated cities, especially in
this Year 1973.
We anticipate that Our City Fathers will correct this engineering mo.istrocity by plac-
ing this subject drainage u iiDERGEQU elD using proper methods and techniques AT NO COST
TO THE CIRCLE RESIDENTS, who in no manner contributed to or benefited from this highl;
irregular installation*
(Over)
Enclosure # 1 (f)
•2.
Candidly, it is difficult for the affected residents to UNDERSTAND WhJ this in-
3r,,i3-latiori was permitted oy accrsditedfengineers "using priniiiiv*j rns'.i.nads'empioyect
in rural areas.
It is our right to know whan departures from the norm are contemplated, which affact-
ad joining property owners to learn their reactions; thereby, clarifying the issues
to avoid costly corrective actions.
Communication, and civic courtesy to taxpayers is essential to promote civic coopera-
tion. It is our hope to always be found cooperative, when justified, through the
dissemination of comprehensive information prior to the execution of an irregular
plan or act. The BVC residents have not had proper knowledge by proper authorities
in this specific instance.
We place confidence in our electedileadar-s to hand down a just decision and amicably
close this unpleasant and depreciating matter,- which has weighed heavily on our minds,
in the hope of successfully solving the unsavory problem.
Most siaeas«ly fo* the GOOD OF OUR FAIR CITY
Gilbert Lee . Southwell
Resident of Buena Vista Circle
Resident of Buena Vista Circle End of Trail
PS On this date at 0800 hours, a clear sunny morning, polluted drainage showing in-
sect life, was seeping into the ground on privately owned Lot Ifo. 18 in front of
24-11 BVC.
A 9' wide flow of drainage was observed in front of 2390 BVC at the mailbox and
beyond. Standing water was across the Circle approximately 5 inches deep. Green
slime was evident and many insects were active on the water. Drainage was backed-up
to the Ball property to the East of the apartment 'site. The Ball property showed
marked seepage through the apartment wood and cement block.-- fence 3, Considerable drain-
age was evident in the rear yard of Lot JTo. 10 owned by Mrs Archbold seriously inter-
f erring with her garden due to super-- saturation from apartment installation.
The drainage, obviously, is more aggravated in the early morning. -
-rfa -
?55 It should be noted that barbed wire,/ ILLEGAL within corporate city limits,
has been used to repair the original 6' wire fence creating a personal injury has-.
ard. The original j5f ;fenca was to have remained intact, permanently, as was the .
hedge, which shielded the fence from view. Both should be replaced, as originally
installed for safety and zonal purposes. " __ •
It is our confirmed opinion that "someone" made a costly ill-advised mistaka a.id NOW
let that "someone" shonorably, come forward and correct theligiievous error, •-•which'. has
caused the residents much consternation. Based on the fact that WE were informed by. the
Engineer's Office many months ago that WK£-j< the streat was opened the storm sewer
would be connected underground. At another time a City Official stated after inspectin
the installed open ditch drainage, "You have my sympathy 100-5 and have some things in
nind." Everyone, who has viewed the drainage across from Lot >To.. 7 has indicated anas
rsent and voiced disapproval, that such a connection, would pass inspection in this day
and, age. Another official stated, -If this drainage is an acceptable installation with
in City Standards, than "I am disillusioned". We ara endeavoring to be open and candi
with Cur City Officials in an. effort to settle this matter in a wholly amicable atmos-
phere. '-This information at this 'time should serve the bast interests of the City and
snould be helpful in solving this comolex problem of responsibility in the bast inter-
ests of the resident'-taxpayars. .
We, the BVC residents, do not wish to embarrass the City; however, let it be known, W5
insist that CUR RIGHTS Bi HG;IOR2D MD PROTECTED, PLEASE TEE:"< - PROFC
..•
• •):'€•-.*,.<,'
•••*,.•.;••
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City l-ina-sr, -^v -
cthar Official3
1200 Eln Avenue
Carlsbad, California
sr.d
•92003
7!:is is to infom you that as residents from a forr.er, private,
select, residential, cominity that you are destrcr/ir.g a fine
corr.uniiy, and irritating residents who want to do all wa can
to keep this area a fine select comunity.. You also are
bringing into our conrainity,pollution>and a disease inf.acted
spot,by not doing something about the large pipes that drain
dirty water into our street, Euena Vista Circle, which should
not be. It isn't our fault because sorsone, in building that
apartnent didn't use their head and pit the pipes i-ihara they
shouldn't be - whoever heard of putting pipes _above- the
ground where-they could-not only be- seen:, but, to drain thair
sevage: onto our streetli Where they should be is undergroundi
I can't for the life of ne understand just how your City ~r.gi-
reers passed that inspection' You, certainly nmst have a re-
tarded group of City Engineers to allow this to pass* To me,
it is illegal and should be torn- up immediately and put right!
Me are people who carelwhere/and how we-live - even if you
don'ti You all want to be paid in good noney and yet you give
us counterfeit worfcanship so, why shouldn't we pay our taxes
in counterfeit money?! You wouldn't accept that, bat, you
think we should accept counterfeit work, "-hen we pay out 3000
noney, we should t receive exactly the sane in wor!c-£.r.ship.
I an referring to the( large apartment about two doors across
the street fron us. Ahe water drains out onto the street, and f
lays there to create r.osquitoes that will bring infection.
Host of the residents on this Circle are elderly people who
have enjoyed living here, but, can't say the sane for it now.
You bring all these acartner.ts in here in a resid3r.tial area,
and i:e hzve to put up with it. You know, we r.ay taxas tool
Another thing, they put "only a crllck en" Y.Irs "f cr.ce across the
back of the apartment, that..separates the apartn=r.t fron our
street whereas we understood there was to be a corsnt blcck
wall. The chicken wire fence is no good - the boys arx: girls
clirb ever it, banding it to pieces, bringing all ths children
or.t.o cur area. They should be ra.de to koep inside of ltb.3
apart-ent grounds. Hnd, by pitting a cersnt block wall thera,
th^' wcvld be. I don't see why we have to be put under p.11
this strass and ctrain fron £0.-?.thing th£t wasn't our faultJi
I thcu r.t vc hLrod lir.gino^rs, Officials z:'d a Xayor to s-icer-
\rice -.r.d see tlxt a city is run properly. If yci don't dp .
your job ri.-;ht, th-jn, you are KOir.g to lur/a a lot of .jecple
lo.v/ing :-'-'-ir city, so that the kind of pooplo ycu rar.t, will
live hsre a-.d be satisfied vith yo'.ir "slip-shod hire of .r.cnage-
::cr.t1 "..2 cnrtainly don't.
2361 Bueaa Vista Circle
Carlsbad, California 92008
Cordially,
1200 ELM AVENUE : I X^X , £| TELEPHONE:
CARLSBAD, CALIFORNIA 92008 \ • VlUaW tf >/J (714)729-1181
Office of the Mayor
Cttp of Cartebafc
June 27, 1973
Mr. and Mrs. A. M. Hoagland
2361 Buena Vista Circle
Carlsbad, California 92008
Dear Mr. and Mrs. Hoagland:
Thank you for your letter of recent date. I am aware
of the situation in your area and the matter will be
placed on the agenda for discussion at our July 3rd
Council meeting. You are invited to attend and make
a presentation if you so desire and give us your views
on the problem and any suggested solutions.
Yours truly,
DAVID M. DUNNE
Mayor
DMDrvs
cc: Col. Gilbert Lee Southwell
City Council
City Manager
City Attorney
Public Works Director
Building and Housing Director
Enclosure^ 1 ( i)
S3) :
j 0 "® o
o w.\ OR< H ' ":a A
i BJH.I26-A /
£30 Et.46.05* I \ra ri
.w
TROWEL FINISH TOP SURFACE ANOREPRODUCE MMKIMOS Of EXIST IN*
3ICEWALK ANO CUDS
1 ^f-UON»UTMIC WTTW
ANCMOSJ
SECTION A-A
yxl" CONSTRUCTION
JOINT
SECTION B-B
NOTES:
I. ALL CONCMtTE SHALL BE CLASS A.
Z. SECTION TO BE SLOPED LATERALLY WITH TOP CONFONMIM TO THE WADES AT THE EXISTINO SIDEWALK ANO
ITY^GINEER
CURB OUTLET \
TH CONCRETE SLAB)
ENGINEERING DEPT.CITY OF CARLSBAD
fir AI p
STANDARD
DWG.
D-9
Enclosure
TYPICAL DRAINAGE
PROBLEM AREAS
ENCLOSURE 4
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